NIED Flashcards
What types of NIED
- Near miss
- Bystander
- Special relationship btwn P and D (ie business/commercial relationship)
Requirements for near miss cases
- P is within zone of danger
- P must suffer physical symptoms from the distress (ie heart attack after almost being run over)
Requirements for bystander cases
- P and person injured are closely related (spouse, parent, child)
- P present at scene and personally saw or perceived event
Requirements for special relationships
P has a business or commercial relationship with the D that creates a high risk of emotional distress if D acts negligently
While a high school soccer game was in progress, members of one of the teams rolled three extra balls onto the field as a prank to distract opposing players. The referee ran over and angrily kicked the balls over to the sideline. He kicked the third ball with extreme force and it went into the bleachers and hit the mother of one of the players in the head, breaking her nose and knocking her off the bleachers.
Standing with friends behind the bleachers, her teenage daughter saw what happened and rushed to her mother’s aid. Paramedics were called to treat the woman and transfer her to a local hospital for treatment of possible spinal cord injuries. The incident caused the daughter to suffer shock to her nervous system that required treatment by a psychologist. The mother, on behalf of her daughter, brought an action against the referee for negligent infliction of emotional distress. The referee moved to dismiss the action, claiming there was no basis for recovery.
Which party will likely prevail?
A The referee, because the daughter did not suffer any physical harm.
B The referee, because the daughter was not a foreseeable plaintiff.
C The daughter, because she personally observed the injury to her mother.
D The daughter, because the referee’s negligence posed a direct threat of harm to her.
C The daughter, because she personally observed the injury to her mother.
