The California Supreme Court has made it easier for plaintiffs to seek emotional distress damages by ruling that close relatives do not need to be aware of potential negligence at the time they witness an injury-causing incident. In a unanimous decision, the court reinstated claims by Jayde Downey, who witnessed her daughter Malyah Vance’s serious car accident. The earlier courts had dismissed Downey’s claims because she was unaware of the defendants’ negligence at the time of the incident.

The Supreme Court clarified that for emotional distress claims, it’s sufficient for the bystander to be aware of the event causing harm, but not the specific negligence of the defendants that resulted in the harm.

The decision is seen as a victory for plaintiffs. However, it is not expected to significantly increase the number of such lawsuits as the court dismissed concerns about potential unlimited liability; stating that contemporary technology allows more people to witness incidents but does not necessitate knowledge of the defendant’s negligence.