CT · jury_instructions
Conn. Civ. Jury Instr. 3.12-3
Bystander Emotional Distress
A plaintiff who is a bystander may recover damages for emotional distress caused by observing
the negligently inflicted injury of a third person if, but only if:
1. the bystander plaintiff is closely related to the primary victim of the accident
or injury;
2. the bystander plaintiff's emotional distress is caused by the contemporaneous
sensory perception of the event or conduct that resulted in the accident or injury,
or by arriving on the scene soon thereafter and before substantial change has
occurred in the primary victim's condition or location;
3. the primary victim dies or sustains serious physical injury; and
4. as a result, the bystander plaintiff suffers serious emotional distress - a reaction
beyond that which would be anticipated in a disinterested witness and which is
not an abnormal response to the circumstances. The bystander plaintiff must
suffer emotional distress that is severe enough to warrant a psychiatric diagnosis
or to otherwise substantially impair (his/her) ability to cope with life's daily
routine and demands.
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
4677e32f4af5333d52b20c8c065aa5f1b7c9bcf9f05714ac294275d8c5db000d
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