Is there any case law in which a plaintiff was denied negligent infliction because they did not see the injury happening?

California, United States of America


The following excerpt is from Meighan v. Shore, 34 Cal.App.4th 1025, 40 Cal.Rptr.2d 744 (Cal. App. 1995):

[34 Cal.App.4th 1046] The case is closest to Golstein v. Superior Court (1990) 223 Cal.App.3d 1415, 273 Cal.Rptr. 270, in which negligent infliction recovery was denied to parents whose son had received an overdose of radiation, causing a grotesque alteration in his appearance and his eventual death. While the parents did not see the radiation being administered, they did witness its results, and they argued this should be sufficient. But understanding perception of the injury-causing event is essential, and if it cannot be perceived, recovery cannot be allowed. Thing's policy statement requires that plaintiffs "experience a contemporaneous sensory awareness of the causal connection between the negligent conduct and the resulting injury." (Id. at p. 1427, 273 Cal.Rptr. 270.)

Other Questions


Is there any case law that limits damages for negligent infliction of emotional distress to those who contemporaneously observe both the negligent act and the injury it causes? (California, United States of America)
Can a plaintiff claim for negligent infliction of emotional distress without showing any physical injury? (California, United States of America)
Is a plaintiff's right to sue for negligently inflicted injuries a fundamental right? (California, United States of America)
What is the test for determining whether a defendant inflicted great bodily injury on an accomplice who did not personally inflict the injury? (California, United States of America)
In what circumstances will the children of a plaintiff who received negligent services of an attorney be able to recover damages for negligently inflicted emotional distress? (California, United States of America)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
In a personal injury case, is a plaintiff entitled to damages from the other plaintiff? (California, United States of America)
What is the difference between negligent misrepresentation and negligent infliction of emotional distress? (California, United States of America)
In what circumstances will a plaintiff be denied relief in a motion for damages brought by an attorney who was grossly negligent? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.