AK · jury_instructions
Alaska Civil Pattern Jury Instruction 3.15B
Negligent Infliction of Emotional Distress: Bystander
[Plaintiff] claims that [s/he] suffered severe emotional distress as a result of observing [an injury to/the death of] [victim]. In order to find in favor of [plaintiff] on this claim, you must find that it is more likely true than not true that:
1. [Defendant] negligently caused the accident/injury to [victim];
2. Following closely on the heels of the accident/injury and during an uninterrupted flow of events, [plaintiff] experienced shock as the result of the sudden sensory observation of [victim]’s serious injuries; and
3. As a result, [plaintiff] suffered severe emotional distress.
You must find all three of these elements present to compensate [plaintiff] for negligent infliction of emotional distress.
Severe emotional distress is distress that is so substantial or enduring that no reasonable person should be expected to endure it. Severe emotional distress exists when a reasonable person would be unable to adequately cope with the mental stress caused by the circumstances. Examples include neuroses, psychoses, chronic depression, phobia, post-traumatic stress disorder, and shock. But temporary fright, disappointment, or regret do not qualify as severe emotional distress.
History
Alaska Civil Pattern Jury Instructions 3.15B, dated (2019); list of updates: November 2019. Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
aaf8c389c5fedcc662252f9e41e677af5a932b6a88c612a1b7c35b43f58f51b2
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