What is the test for negligent infliction of emotional distress?
MultiRegion, United States of America
The following excerpt is from Baker v. Dorfman, 239 F.3d 415 (2nd Cir. 1999):
"Under New York law, a plaintiff may establish [a claim for negligent infliction of emotional distress] in one of two ways: (1) the 'bystander' theory; or (2) the 'direct duty theory.'" Mortise v. United States, 102 F.3d 693, 696 (2d Cir. 1996). Under the "bystander" theory, which is obviously inapplicable,
"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
What is the test for a claim for negligent infliction of emotional distress for injuries inflicted upon a third person? (MultiRegion, United States of America)
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)
What is the test for a claim of negligent infliction of emotional distress? (MultiRegion, United States of America)
Is there any case law that supports a plaintiff's claim for intentional and negligent infliction of emotional distress? (MultiRegion, United States of America)
What is the test for a plaintiff to bring a claim for negligent infliction of emotional distress? (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)
Is there a cause of action for negligent infliction of emotional distress? (MultiRegion, United States of America)
When can a claim for intentional infliction of emotional distress be successful? (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 elements for the tort of intentional infliction of emotional distress? (MultiRegion, United States of America)
