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Tort Liability When Bystanders Are in the 'Zone of Danger'

, New York Law Journal


Kevin G. Faley and Andrea M. Alonso write that in New York, the general rule is that bystanders cannot assert a claim for negligent infliction of emotional distress. However, New York recognizes an exception to this principle: the "zone of danger" rule, which is commonly associated with automobile accidents, but has been applied in cases involving house fires, assaults and elevator accidents.

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