Negligent emotional distress vs. bystander

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happyhour1122

Silver
Posts: 1064
Joined: Wed Feb 08, 2017 5:08 pm

Negligent emotional distress vs. bystander

Postby happyhour1122 » Mon Feb 13, 2017 2:33 pm

Can someone please clarify these four for me. I'm just so confused.

Negligent emotional distress vs. bystander emotional distress...

intentional emotional distress vs. bystander for intentional emotional distress...

jir92

Bronze
Posts: 155
Joined: Thu Dec 22, 2016 12:22 am

Re: Negligent emotional distress vs. bystander

Postby jir92 » Mon Feb 13, 2017 7:12 pm

happyhour1122 wrote:Can someone please clarify these four for me. I'm just so confused.

Negligent emotional distress vs. bystander emotional distress...

intentional emotional distress vs. bystander for intentional emotional distress...


Hey, so here's my understanding.

IIED + Bystanders

1. Intentional infliction of emotional distress arises when the defendant engages in:
(1) intentional or reckless conduct that is
(2) extreme or outrageous that is the
(3) actual and proximate cause of
(4) severe emotional distress

1(a). For intentional infliction of emotional distress to a BYSTANDER, the defendant is subject to liability when the plaintiff have proven that:
(1) plaintiff was present when the conduct occurred to the victim
(2) plaintiff was a close relative or immediate family of the victim
(3) defendant was AWARE of PLAINTIFF's presence; AND
(4) plaintiff suffered severe emotional distress (such as the emotional distress I'm feeling studying this)

OR

1(b)
(1) plaintiff must be present when conduct occurred
(2) plaintiff must suffer actual BODILY HARM (physical manifestation of the stress); AND
(3) defendant is AWARE of PLAINTIFF's presence

NIED + Bystanders.

2. Negligent infliction of emotional distress occurs when plaintiff has proven:
(1) plaintiff was in the ZONE OF DANGER (at risk of being physically injured); AND
(2) has suffered some accompanying physical manifestation of emotional distress (such as the dry heaving I feel like doing every day studying this)

*ZONE OF DANGER EXCEPTION* If you (1) negligently send a telegram (lol) that someone's loved one has died, or (2) negligently mishandle a corpse, you can be liable for NIED upon the person who suffered emotional distress.

2(a). For negligent infliction of emotional distress for a BYSTANDER, the bystander plaintiff must prove:
(1) plaintiff was present at the scene and witnessed the event giving rise to the distress
(2) plaintiff was a close relative of the victim of the event; AND
(3) plaintiff suffered severe emotional distress due to witnessing the event



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