Section 14 Bystander Recovery

• Library: Damages 2012

Bystanders are persons who are not directly involved in an incident, but who suffer emotional distress caused solely by observing acts that result in injury to a third party. Jarrett v. Jones, 258 S.W.3d 442, 445–46 (Mo. banc 2008) (the rules limiting bystander recovery for emotional distress do not apply to persons who are directly involved in an incident).

Missouri follows the zone-of-danger test for bystander recovery for emotional damages. Asaro v. Cardinal Glennon Mem’l Hosp., 799 S.W.2d 595 (Mo. banc 1990). Under that test, to recover for negligent infliction of emotional distress upon injury to a third person, a plaintiff must show:

(1) that the defendant should...