Under which circumstances can a bystander recover damages for emotional distress?

A bystander can recover damages for emotional distress primarily under circumstances that involve a close relationship with the victim, presence at the scene, and direct observation of the traumatic event. This principle is grounded in the notion that witnessing a traumatic incident can result in significant emotional harm, particularly for those who have a strong familial or emotional connection to the victim.

When a bystander is closely related to the victim and directly witnesses the injury, the law recognizes that the distress experienced is more legitimate and immediate, which justifies allowing them to seek damages. This aligns with established case law and Restatement principles regarding emotional distress claims.

In contrast, other scenarios do not meet the criteria necessary for recovery. If the bystander is unrelated to the victim, hears about the injury later, or has only a financial interest in the outcome, those factors do not establish a sufficient basis for emotional distress claims. The emotional impact of an incident is generally less palpable in those other situations, making it difficult to substantiate a claim of this nature.