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What are the required elements under the impact rule?

 

A:

The plaintiff must demonstrate the following elements of the "impact rule":

 The emotional stress flowed from a direct physical injury resulting from defendant's negligent act; or

The physical injury resulted from the plaintiff's mental distress caused by the defendant's negligent act;

  • Additionally, the emotional distress must result from both:

    Fear for one's own safety; and

    Distress caused by anxiety about the safety of another.

     




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