Does the bystander theory extend the right to recover for negligent infliction of emotional distress suffered as a result of observing the pain and suffering accompanying the injury to another?

California, United States of America


The following excerpt is from Lubner v. City of Los Angeles, 45 Cal.App.4th 525, 53 Cal.Rptr.2d 24 (Cal. App. 1996):

4 The bystander theory extends the right to recover for negligent infliction of emotional distress suffered as a result of observing the pain and suffering accompanying an injury to another. (See Thing v. La Chusa (1989) 48 Cal.3d 644, 647, fn. 1, 257 Cal.Rptr. 865, 771 P.2d 814.)

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