What is the test for damages for emotional distress caused by a breach of duty of care?
MultiRegion, United States of America
The following excerpt is from Moore v. Rodriguez, Case No. 20-cv-01481-BAS-BGS (S.D. Cal. 2021):
The right to recover for emotional distress caused by a breach of duty of care is analyzed under the traditional negligence framework. Christensen v. Superior Ct., 54 Cal. 3d 868, 884 (1991) (holding that negligent infliction of emotional distress is not an
Page 43
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff who was not present at the accident scene recover emotional distress damages for emotional distress they suffered when they later arrived at the scene? (MultiRegion, United States of America)
Is there a difference between a plaintiff's claim for negligent infliction of emotional distress and breach of duty of care against a Health and Social Justice Commissioner (FJC) for her injuries? (MultiRegion, United States of America)
Can a plaintiff recover emotional distress from a defendant who causes injury to a family member? (MultiRegion, United States of America)
Can a plaintiff recover damages for reckless infliction of severe emotional distress? (MultiRegion, United States of America)
What are the damages for breach of contract with respect to mental distress? (Canada (Federal), Canada)
What are the damages for mental distress or moral damages for a terminated employee? (Canada (Federal), Canada)
What is the bystander test for emotional distress caused by witnessing the death of a family member? (MultiRegion, United States of America)
What are the damages for mental distress arising from a breach of contract? (Canada (Federal), Canada)
What is the duty of care and standard of care of public authorities in health care? (Canada (Federal), Canada)
Does the principle of reasonable expectation apply to damages for mental distress for breach of contract? (Canada (Federal), Canada)
