Personal injury cases are a common occurrence in Arizona, as they happen from time to time in everyday situations. If you have been a victim of a personal injury, you may need to file a lawsuit against the individual or entity responsible for your injury. If you are considering doing so, you need to know Arizona’s "zone of danger" rule.
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Definition of the “Zone of Danger” Rule
The “zone of danger” rule is a legal rule that states a person may recover for emotional distress that arises from fearing that their immediate family member will be injured or killed due to the actions of another. This rule, also known as the "immediate aftermath" or "bystander recovery" rule, was established in the state of California in a landmark case known as Dillon v. Legg.
This rule has been adopted in several states across the country, including Arizona. According to the zone of danger rule in Arizona, a plaintiff may recover damages for emotional distress if they were in the zone of danger of physical impact and they suffered emotional distress as a result of witnessing an accident that caused the injury or death of an immediate family member.
Requirements for “Zone of Danger” Recovery in Arizona:
To recover damages for emotional distress under the zone of danger rule in Arizona, several requirements must be met:
The plaintiff must be within the zone of danger:
The plaintiff must have been in close proximity to an accident, such that they were in danger of physical harm. This requirement may be satisfied if the plaintiff was physically close to the accident, or if they were directly involved in the accident.The plaintiff must have suffered emotional distress:
The emotional distress must be severe, as demonstrated by physical symptoms such as depression, anxiety, or post-traumatic stress disorder (PTSD).The plaintiff is an immediate family member:
The plaintiff must be an immediate family member of the victim who suffered the injury or death.The emotional distress was caused by witnessing the accident or its immediate aftermath:
The plaintiff must have directly witnessed the accident or its immediate aftermath.
Exceptions to the “Zone of Danger” Recovery Rule
There are a few exceptions to the “zone of danger” recovery rule that you should be aware of:
First, the plaintiff must be an immediate family member of the victim. The law typically defines immediate family members as spouses, parents, and children.
Second, the emotional distress must have been caused by witnessing the accident or its immediate aftermath. For example, if the plaintiff learned about the accident through a third party, they may not be able to recover for emotional distress.
Limitations on “Zone of Danger” Recovery
Keep in mind that the “zone of danger” rule only applies in specific circumstances. It is not enough for a plaintiff to have suffered emotional distress from learning about the accident, or even if they witnessed the accident, but were not in danger of physical harm themselves.
In addition, a plaintiff may be limited in the amount of compensation they can receive for emotional distress. In Arizona, there is a cap on non-economic damages in personal injury cases. Non-economic damages include emotional distress, pain and suffering, loss of consortium, and other subjective losses that cannot be easily quantified with a dollar amount.
Finally, it’s important to note that the “zone of danger” rule may not apply in every situation. Each case is unique and depends on the specific facts and circumstances of the incident.
Conclusion
If you or a loved one has been injured or killed in an accident, you may be entitled to compensation for your losses, including emotional distress. If you meet the requirements of the “zone of danger” rule in Arizona, you may be able to recover compensation for the emotional distress caused by witnessing the accident or its immediate aftermath. However, it’s important to consult with an experienced personal injury attorney to determine if the rule is applicable to your case and to discuss your options.