What are the three criteria a bystander must meet to recover for emotional distress when witnessing a negligent injury?

The criteria set forth for a bystander to recover for emotional distress after witnessing a negligent injury are centered around the legal principles designed to establish a reasonable claim for emotional harm. These criteria require the bystander to be present at the scene of the accident, observe the injury happening, and have a close, pre-existing relationship with the person who was injured. This relationship is critical as it demonstrates a strong emotional connection, which is necessary to substantiate the claim for emotional distress.

Being present at the scene allows the bystander to directly witness the event, creating a more immediate and intense emotional response. The observation of the injury ensures that the distress arises from directly witnessing a traumatic event rather than an indirect account, which can dilute the emotional impact. Furthermore, having a pre-existing relationship, such as that between family members or close friends, enhances the likelihood of a profound emotional impact that justifies damages for emotional distress.

Other options do not accurately reflect the legal standards. For instance, referring to a requirement of direct injury or being an eyewitness without emphasizing the need for a pre-existing relationship would not adequately capture the necessary elements for a successful claim. Thus, the correct choice aligns closely with the legal framework established for bystander emotional distress claims in tort law.