Question

Aboy mowing his lawn noticed a strong vibration from the engine but continued to mow. the engine housing suddenly broke apart and pieces flew off the lawnmower. one piece struck the boy in the head, seriously injuring him. the boy's mother was inside the house and heard yelling from the backyard. she went to the window and saw her son lying on the ground by the lawnmower and a friend of his kneeling over him. she became very upset and fainted. subsequent investigation showed that a negligent repair by a local mechanic caused the engine housing to shatter. the mother brought a lawsuit against the mechanic, seeking recovery for her son's injury and the emotional distress she suffered. can the mother recover damages for her emotional distress? a) no, because her son's continuing to mow after noticing the vibration was a superseding cause of the harm. b) no, because the mother was not within the zone of danger from the mechanic's negligence. c) yes, because the mother was closely related to someone in the zone of danger from the mechanic's negligence. d) yes, because her son was injured by the mechanic's negligence.

Answer 1

Answer:

B). No, because the mother was not within the zone of danger from the mechanic's negligence.

Explanation:

As per the question, the mother 'cannot recover the damages for her emotional stress because she was not within the zone of danger from mechanic's negligence.' The emotional or psychological distress(like anxiety, insomnia, fear, depression, etc.) damages would have been remunerative and recoverable only if she had been associated with the accident and directly affected by the accident. But she was rather inside the house which lied outside the danger zone and therefore, her distress was mere a consequent reaction after witnessing such a huge injury to her son. Thus, her claims associated with her emotional distress are non-compensable and hence, option B is the correct answer.