Q: Our son was coming home from school. There’s traffic when school lets out, but it’s a residential neighborhood. As he crossed the street, I was watching from the corner. A car whisked by, knocking him down. He has injuries, not life threatening thankfully, but it was very traumatic. We wound up getting him treatment at the ER, and now with his doctor. Unfortunately, I am having difficulty dealing with the horrible feeling when I saw the car knocking him down, and the fear he was badly hurt. Can I make my own claim?
M.M., Torrance
A: The claim you may have is referred to as negligent infliction of emotional distress (and, in your instance, “bystander emotional distress”). It is available to a family member who is present when another family member is injured and he or she observed (or otherwise is aware of) what has happened. In your situation, my understanding is you saw first hand the incident unfold. So, yes, you very likely do have a claim for your emotional distress; if it has manifested in physical harm, you can seek damages there as well.
Case law dates back quite a few years in California about bystander claims. There is one case where an explosion sounded, but the family member was not in the room where people suffered harm; however, the individual was close by, knew and understood what happened, and a claim was deemed to be viable. On the other hand, if something happens, and you race to the scene and then see the injured family member, you probably do not have a valid claim (bottom line, you were not a bystander).
Q: Am I on the hook for my teenage kid’s behavior? He got into a fight. We are told he started it, and then got the better of the other boy.
O.M., Huntington Beach
A: California Civil Code Section 1714.1(a) states that “Any act of willful misconduct of a minor that results in injury or death to another … shall be imputed to the parent or guardian having custody and control of the minor … and the parent or guardian…
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