The courts traditionally have been reluctant to impose liability for the emotional distress that may result from the observation of harm to a third person. However, pursuant to the “zone-of danger” rule articulated by the Court of Appeals in Bovsun v. Sanperi, 61 N.Y.2d 219 (1984), New York law permits a cause of action to be brought for damages arising from the negligent infliction of emotional distress to a bystander who is in the “zone of danger” when a family member (as strictly defined) is injured or killed. It is a cause of action that must be separately pleaded and charged to the jury at the time of trial.
The courts require strict adherence to the criteria articulated in Bovsun:
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