Special Rules of Liability

Question 1

NIED - Zone of Danger

Answer 1

1. P was within “zone of danger” (feared for safety)

2. threat of physical impact caused emotional distress

Question 2

NIED - proof needed (M/m)

Answer 2

M: emotional distress MUST be manifested by physical symptoms
m: allow recovery w/out a physical manifestation of harm

Question 3

NIED - Bystander recovery

Answer 3

A P outside the zone of danger CAN recover IF

1. closely related to the person injured by D
2. present at the scene, and
3. personally observed or perceived the injury

Question 4

NIED - Bystander recovery - proof needed

Answer 4

M: requires physical symptoms

Question 5

NIED - Special Relationship (examples)

Answer 5

No threat of physical impact or physical symptoms required

mishandling a corpse, negligent medical information

Question 6

Pure economic loss - rule

Answer 6

a P who suffers ONLY economic loss without ANY related personal injury or property damage CANNOT recover in negligence

Question 7

Wrongful death - definition

Answer 7

brought by the decent’s spouse or representative to recover losses suffered by the spouse or representative as a result of the decedent’s death

Question 8

Wrongful death - recovery

Answer 8

can include loss of economic support and loss of consortium

NO pain/suffering

Question 9

Survival actions - definition

Answer 9

brought by a representative of the decedent’s estate on behalf of the DECEDENT for claims that the decedent would have had at the time of the decent’s death

Question 10

Survival actions - recovery

Answer 10

Damages from personal injury or property damage (may include pain/suffering)

Question 11

Loss arising from injury to family members - recovery

Answer 11

loss of consortium for spouses

loss of services for injured child

Question 12

Wrongful life - definition

Answer 12

Allowed in minority of jurisdictions

action by child for failure to perform a contraceptive procedure or diagnose congenital defect

Question 13

Wrongful life - recovery

Answer 13

damage limited to those attributable to disability

Question 14

Wrongful birth - definition

Answer 14

“Many states”

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

Question 15

Wrongful birth - recovery

Answer 15

1. Pain and suffering
2. Parents can recover medical expenses for caring for disabled child
3. Some states allow mothers to recover pain/suffering damages and medical expenses for labor