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