LANDMARK CASES IN FORENSIC PSYCHIATRY:

Emotional Harm

Dillon v. Legg, 1968

Case Summary:

  • Dillon and her daughter witnessed an accident in which Legg struck & killed Dillon’s child with his car.

  • Dillon sued Legg, claiming emotional distress. Under state law, recovery of damages was limited to those within the “zone of danger” who feared for direct physical harm. Dillon wasn’t physically injured, nor was she within this zone..

  • CA Supreme Court ruled that a bystander outside of the zone of danger may recover damages for emotional distress under certain conditions (Dillon Test).

Key Concepts:

  • A bystander who wasn’t personally physically endangered may still recover damages for emotional distress if they:

    • Were physically near to the scene of the incident

    • Had a close relationship to the victim

    • Experienced shock as a result of directly witnessing the incident or it’s aftermath (not just hearing about it afterwards)