Negligence: Special Rules of Liability

Question 1

Negligent Infliction of Emotional Distress (NIED)

Answer 1

Cases in which D may breach duty to avoid negligently inflicting emotional distress upon P

(1) Zone of Danger
(2) Bystander Recovery
(3) Special Relationship

Question 2

NIED: Zone of Danger

Answer 2

P can recover for NIED if:

(1) P was WITHIN ZONE of danger of threatened physical impact (feared for safety); and
(2) Threat of physical impact caused EMOTIONAL SYMPTOMS

Proof: Emotional distress manifested by physical symptoms

Question 3

NIED: Bystander Recovery

Answer 3

P outside of zone of anger can recover if:

(1) CLOSELY RELATED to person injured by D;
(2) PRESENT at scene; and
(3) PERSONALLY OBSERVED injury

Proof: Physical symptoms

Question 4

NIED: Special Relationship

Answer 4

Negligent mishandling of corpse

Negligent medical info

NO THREAT OF PHYSICAL IMPACT OR PHYSICAL SYMPTOMS REQUIRED

Question 5

Pure Economic Loss

Answer 5

P who suffers ONLY ECONOMIC LOSS without any related personal injury or property damage CANNOT RECOVER in negligence

Question 6

Wrongful Death

Answer 6

Brough by decedent’s spouse or rep to recover losses SUFFERED BY THE SPOUSE OR REP as result of the decedent’s death

Question 7

Survival Action

Answer 7

Brought by representative of decedent’s estate ON BEHALF OF THE DECEDENT for claims that decedent would have had at time of decedent’s death

Question 8

Recovery for Loss Arising from Injury to Family Members

Answer 8

Family members (typically a spouse) can claim loss of consortium or companionship

Question 9

Wrongful Life

Answer 9

Claim by a CHILD for D’s negligent failure to properly perform a contraceptive procedure or diagnose a congenital defect

Question 10

Wrongful Birth

Answer 10

Claim by a PARENTS for D’s negligent failure to properly perform a contraceptive procedure or diagnose a congenital defect