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CT · jury_instructions

Conn. Civ. Jury Instr. 3.12-3

Bystander Emotional Distress

activein force · 2015-12-07 – presentas-observed

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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