What is an exception to the zone of danger doctrine in negligent infliction of emotional distress (NIED)?

Enhance your readiness for the NCBE Uniform Bar Exam with our engaging quizzes featuring detailed explanations and a variety of question types. Start preparing effectively today!

In the context of negligent infliction of emotional distress (NIED), the zone of danger doctrine typically allows a plaintiff to recover for emotional distress damages if they are in close proximity to a harmful event and are at risk of physical harm. However, an exception to this doctrine arises when a special relationship exists between the plaintiff and the party whose conduct is negligent.

This special relationship can include circumstances such as that between a parent and child, or a spouse, where the emotional impact of witnessing harm to a loved one is deemed to be more significant. In these cases, the law may allow for recovery of damages for emotional distress even if the plaintiff was not directly in the zone of danger. Thus, the presence of a special relationship can provide an avenue for recovery despite the general requirements of the zone of danger framework.

Other options provide different interpretations that either do not reflect established legal principles regarding NIED or are not recognized exceptions to the doctrine. This highlights the importance of understanding the legal nuances surrounding NIED and the conditions under which emotional distress claims may be pursued.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy