Tort - Putting Brakes on the Bandwagon: Nebraska Slows Runaway Tort Liability in Bystander Claims of Emotional Distress - James v. Lieb
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Authors
Felton, Christopher C.
Issue Date
1987
Volume
20
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|When a tortious accident harms a victim, the law seeks to remedy the harm done by awarding compensatory damages. Damages in tort law typically consist of monetary remuneration for harm to the victim's property, for injury to the victim's body, and more recently, for the devastation of the victim's mental and emotional well-being. These common elements of damages, however, do not always remedy all the harm done by a negligent defendant; under certain circumstances there will be witnesses to the accident who will be emotionally traumatized by their fear for the peril of the victim. These emotional ills that bystanders may suffer continue to exist long after the victim has obtained a judicial remedy for damages sustained in the accident. How do American courts respond to bystanders' claims for the emotional distress suffered in witnessing a negligent accident harm a loved one...
Description
Citation
20 Creighton L. Rev. 741 (1986-1987)
Publisher
Creighton University School of Law