| Abstract: | This study examines factors that are part of the test for whether a plaintiff may recover damages due to the negligent infliction of emotional distress to a bystander. Subjects were 96 eligible jurors from two California counties. They were presented with a case vignette which carried one of the three elements for bystander recovery for emotional distress as outlined in the California case of Dillon v. Legg. Participants were more likely to believe a plaintiff had a right to sue for damages in cases in which (1) there is a close relationship between the bystander and a direct victim, and (2) the bystander is within the zone of physical danger. A plaintiff's sensory and contemporaneous perception of an accident did not significantly influence subjects' judgements. |
