Andrea M. Alonso and Kevin G. Faley Understanding New York's 'Zone of Danger' Rule in Non-Automobile Situations
While the "zone of danger" rule is often associated with automobile accidents, this article analyzes how the rule is applied in non-automobile situations.
August 11, 2021 at 11:45 AM
9 minute read
In New York, the mechanism for a bystander-plaintiff to recover damages for emotional distress is the "zone of danger" rule. To recover under a "zone of danger" theory, a plaintiff must show: (1) the defendant's conduct threatened the plaintiff with an unreasonable risk of bodily injury or death; (2) the plaintiff suffered an emotional injury from viewing or contemporaneously observing the serious injury or death of a third-party victim resulting from defendant's conduct; and (3) the plaintiff and third-party victim are immediate family members. While the "zone of danger" rule is often associated with automobile accidents, this article analyzes how the rule is applied in non-automobile situations.
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