1 Elements and Case Citations
Under New York law, a plaintiff may establish such a claim in one of two ways: (1) the “bystander” theory; or (2) the “direct duty theory.”
Direct Duty Theory:
- The defendant breached a duty of care to the plaintiff;
- The defendant (a) unreasonably endangered the plaintiff’s physical safety or (b) caused the plaintiff to fear for his or her safety;
- The defendant’s conduct was extreme and outrageous; and
- The plaintiff suffered extreme emotional distress.
Bystander/Zone of Danger Theory:
- The defendant unreasonably exposed the plaintiff and an immediate family member to physical harm;
- The plaintiff witnessed the serious injury or death of the family member;
- The plaintiff suffered emotional harm; and
- The defendant’s conduct was a substantial factor in causing the injury or death of the family member.
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- The rest of the elements for this cause of action;
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