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CACI 1621

What Is Negligent Infliction of Emotional Distress on Bystander Law in California

Bystander Law

What is the Law in California for Negligent Infliction of Emotional Distress on Bystander- California Civil Jury Instruction CACI 1621

California Law

CA Civil Jury Instructions

CACI 1621 - Negligent Infliction of Emotional Distress on Bystander

As of September 1, 2010

California Civil Jury Instruction CACI 1621

1621. Negligent Infliction of Emotional

Distress—Bystander—Essential Factual Elements

[Name of plaintiff] claims that [he/she] suffered serious emotional

distress as a result of perceiving [an injury to/the death of] [name

of injury victim]. To establish this claim, [name of plaintiff] must

prove all of the following:

1. That [name of defendant] negligently caused [injury to/the

death of] [name of injury victim];

2. That [name of plaintiff] was present at the scene of the

injury when it occurred and was aware that [name of injury

victim] was being injured;

3. That [name of plaintiff] suffered serious emotional distress;

and

4. That [name of defendant]’s conduct was a substantial factor

in causing [name of plaintiff]’s serious emotional distress.

Emotional distress includes suffering, anguish, fright, horror,

nervousness, grief, anxiety, worry, shock, humiliation, and shame.

Serious emotional distress exists if an ordinary, reasonable person

would be unable to cope with it.

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