Also known as: bystanders
Written by attorneys · grounded in primary & secondary sources — see below
A person present at an event who does not participate directly in it. In products liability based on negligence a manufacturer owes a duty of care to any foreseeable plaintiff including bystanders even without contractual privity.
Select any source to read its text and confirm it supports the definition.
Bianca Baker stood near a loading dock when a forklift sold by Brighton Manufacturing toppled because of a faulty wheel. The wheel broke during ordinary use and struck her. She sued the manufacturer even though she had never purchased or used the forklift. The court permitted recovery because the manufacturer owed a duty to foreseeable bystanders.
Brian Bailey watched Manor Drug Stores buy shares after reading a prospectus but never purchased any himself. When the stock fell he claimed the prospectus misled him into inaction. The court dismissed the suit because only actual purchasers or sellers may sue under the Birnbaum rule.
Boubacar Bah stood beside a highway when a new car sold by Bloomfield Motors veered off the road because of a defective steering mechanism. The car struck him. The court held that the implied warranty of merchantability extended to bystanders within the zone of danger.
Brianna Burke worked for the county social services department and knew Joshua faced repeated beatings from his father. After the department returned Joshua to the home he suffered permanent brain damage. The dissent argued the state had actively intervened and therefore could not claim it was merely a bystander.
Bella Barnes attended a Marine funeral where Westboro picketers displayed signs stating God hates the deceased. A reasonable bystander viewing the signs would have understood them to claim the Marine was homosexual. The court considered that interpretation when evaluating the speech claim.
Bei Bai relied on an audit report prepared by Arthur Young for a company in which she held no investment interest. When the company collapsed she sued the accountants claiming the report was negligent. The court limited liability to intended beneficiaries and denied recovery to mere bystanders.
Yes. A manufacturer owes a duty of due care to any foreseeable plaintiff including bystanders even without privity.
Supporting sources
A plaintiff classified as a bystander rather than a direct victim faces stricter limitations on recovery for negligent infliction of emotional distress.
Supporting sources
A party may obtain ordinary work product if it shows substantial need and cannot obtain the substantial equivalent without undue hardship.
Supporting sources
…be considered within the distributive chain. Harper and James suggest that this remedy ought to run to members of the public, bystanders, for example, who are in the path of harm from a defective automobile. 2 Harper & James, supra, note 6, p. 1572. Section 2-318 of the Uniform Commercial Code proposes that the warranty be…