Negligence: special rules

Question 1

Negligent infliction of emotional distress (NIED)

Answer 1

Pure emotional harm

Question 2

P’s can get NIED from specific circumstances including-

Answer 2

• Zone of danger (p was within the zone of danger of the threatened physical impact and the threat caused emotional distress)

-Bystander recovery (closely related to the person injured; was present at the scene; personally observed the injury)

• Special relationship (negligent mishandling of a corpse; negligent medical information)

Question 3

Pure economic loss

Answer 3

P who suffers only economic loss w/o personal injury or property damage cannot recover in negligence

Question 4

Loss of consortium

Answer 4

Allows recovery for loss arising from injury to a family member

Question 5

Survival action

Answer 5

Brought by a representative of the decedents estate on behalf of the dependent for claims that the decedent would have had at the time of the decedents death

Question 6

Wrongful death

Answer 6

Brought by the decedents spouse or representative to recover losses suffered by the spouse or representative as a result of the decedents death

Question 7

Wrongful life

Answer 7

claim by a child for defendants negligent failure to properly perform a contraceptive procedure or diagnoses a defect

Question 8

Wrongful birth

Answer 8

claim by the parents for defendants negligent failure to properly perform a contraceptive procedure or diagnose a defect