The Supreme Court of California recently expanded the ability of plaintiffs to recover for the emotional trauma of witnessing a loved one’s severe injury.
In California, individuals can now recover compensation for the emotional trauma caused by witnessing a close family member’s severe injury under a theory of negligent infliction of emotional distress (NIED). Generally, NIED requires showing that the family member’s injury was caused by someone’s negligence and that the plaintiff perceived this injury as it happened.
The Impact of Downey v. City of Riverside
In Downey v. City of Riverside (2024), the Supreme Court of California was tasked with resolving a split in the Appellate Court on whether this type of claim requires that the plaintiff perceive, in the moment of injury, the negligent conduct which caused the injury. Downey involved a mother who perceived her daughter’s automobile collision while giving her directions over the phone.
The mother brought suit against the individuals and entities responsible for the condition of the roadway where the crash occurred, alleging emotional trauma caused by listening to the sounds of her daughter’s severe injury. Ultimately, the Court saw no reason why the plaintiff should have to understand the precise negligent conduct which led to the crash in order for her to recover. Rather, it was enough that the mother was traumatized after perceiving her daughter’s car crash over the phone.
This decision removes a substantial barrier for plaintiffs seeking to bring NIED claims. Often, the negligent conduct which leads to an injury is not apparent or even capable of bystander perception. For example, if a mother perceives an explosion in a home with her children inside, she would likely have no way of knowing, in that moment, the exact cause of the explosion or the responsible party. However, this uncertainty does nothing to lessen her trauma or lessen the culpability of the negligent party.
Under Downey, negligent defendants can no longer escape bystander NIED liability by arguing that their negligence was hidden from view.
