IL Bar Practice Questions - Illinois Bar Examination Exam

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A bystander witnesses a close family member being seriously injured by a defendant's negligence and suffers severe emotional distress. Under the modern 'zone of danger' or Dillon foreseeability approach, when may the bystander recover for negligent infliction of emotional distress?

Never, because only the directly injured person may recover Whenever the bystander hears about an accident later When the bystander is closely related to the victim, present at the scene, and contemporaneously perceives the injury Only if the bystander is also physically struck

Correct Answer:

When the bystander is closely related to the victim, present at the scene, and contemporaneously perceives the injury

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