Negligent Infliction of Emotional Distress

Question 1

what are the different type of negligent infliction of emotional distress cases?

Answer 1

1) near miss cases
2) bystander cases
3) special relationship between plating and defendant

Question 2

1) near miss cases

Answer 2

the duty to avoid infliction of emotional distress may be breached when the D creates a FORESEEABLE RISK of physical injury to the defendant.

The P must satisfy 2 elements:
a) the P must be within the “zone of danger”
b) the P must suffer PHYSICAL SYMPTOMS from the distress

Question 3

near miss cases - a) the P must be within the “zone of danger”

Answer 3

the P will be considered to be within the zone of danger of the D’s negligent acts when the P is SUFFICIENTLY CLOSE to the D such that they are subject to a high risk of PHYSICAL IMPACT

Question 4

near miss cases - VIRGINIA DISTINCTION

Answer 4

VA requires the Plaintiff to show by CLEAR AND CONVINCING EVIDENCE that the distress caused SYMPTOMS or MANIFESTATIONS of physical injury, rather than just the typical symptoms of an underlying emotional disturbance

Question 5

2) bystander cases

Answer 5

a bystander OUTSIDE the zone of danger of physical injury who SEES the D negligently injuring another can recover for their own distress as long as:
1) the P and the person injured by the D are CLOSELY RELATED; and
2) the P was PRESENT AT THE SCENE of the injury and PERSONALLY OBSERVED OR PERCEIVED the event.

**most states have dropped the requirement of physical symptoms in this situation.

Question 6

Bystander cases - VA distinction

Answer 6

Virginia retains the traditional rule that a bystander outside the “zone of danger” CANNOT recover damages for distress from seeing the defendant negligently injure another.

Question 7

3) special relationship between P and D

Answer 7

the D may be liable for directly causing the P severe emotional distress WHEN a duty arises from the RELATIONSHIP (usually commercial) between the P and a D, such that the D’s negligence has GREAT POTENTIAL TO CAUSE EMOTIONAL DISTRESS

example – doctor’s misdiagnosis that patient has terminal illness; mortuary’s negligent cremation of deceased contrary to family’s instructions

**most states also drop the physical symptoms in this situation as well.