What is Hasan liable for following the accident involving Kapri and Laura?

Prepare for the Torts Restatement Test with comprehensive flashcards and insightful multiple-choice questions. Each query is equipped with hints and detailed explanations to aid your understanding. Gear up for your assessment!

Hasan’s liability in this scenario arises from the potential for both Kapri's and Laura's claims, particularly in the context of emotional distress and any pre-impact fear experienced by Kapri. In tort law, particularly under the Restatement of Torts, emotional distress claims can arise when a plaintiff is closely related to a person who suffers physical harm as a result of the defendant's negligent conduct.

If Kapri experienced pre-impact fear—meaning he was aware of the impending accident and feared for his life due to Hasan's actions—he could potentially recover damages for that emotional trauma. Simultaneously, Laura, as a bystander or close family member witnessing the accident or its aftermath, may have a derivative claim for emotional distress stemming from her proximity to the event and her relationship with Kapri.

This understanding reflects the established tort principles that allow for recovery for emotional damages under certain circumstances, especially when there is a direct connection to the impacted party. Thus, the answer adequately captures the possibility of liability for both emotional harm to Laura and any emotional distress potential from Kapri’s fear prior to the impact.

The other choices do not encompass the totality of potential claims, as they limit liability to only one plaintiff or incorrectly assert that there is no

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy