What is the test for a bystander liability claim?
California, United States of America
The following excerpt is from Rodriguez v. Saldivar, G058292 (Cal. App. 2020):
4. "[B]ystander liability is premised upon a defendant's violation of a duty not to negligently cause emotional distress to people who observe conduct which causes harm to another." (Burgess v. Superior Court, supra, 2 Cal.4th at pp. 1072-1073.) A bystander claim "accrues at the time of the injury-producing event." (Campanano v. California Medical Center (1995) 38 Cal.App.4th 1322, 1328-1329.)
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