Bystander Emotional Distress Test

Bystander Emotional Distress Test

Definition

A test used to determine whether a plaintiff bystander may recover damages for emotional distress suffered as a result of harm inflicted on a third party, which requires that the third party be closely related to the plaintiff, that the bystander view the harm or its immediate aftermath, that the harm to the third party be objectively serious or fatal, and that the plaintiff actually suffer severe emotional injury.

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