Question

The owner of a valuable painting hired professional movers to transport it to an auction house when she decided to sell it. As the movers were carrying it to their van, a window air conditioner that a tenant had been trying to install fell out of his second floor window and crashed through the painting and onto the ground. The owner had been watching from across the street and saw her painting destroyed. She became extremely upset and needed medical treatment for shock. If the owner brings a claim for negligent infliction of emotional distress against the tenant, is she likely to recover

Answer 1

Answer: No, because she was not within the zone of danger.

Explanation:

Negligent infliction of emotional distress occurs when the defendant must compensate the plaintiff whim is the injured person for the resulting emotional or mental or emotional injury.

In a case whereby the owner brings a claim for negligent infliction of emotional distress against the tenant, then she won't recover because she was not within the zone of danger. The professional movers were the ones in the zone of danger.