Also known as: immediate families
Written by attorneys · grounded in primary & secondary sources — see below
A group of close relatives consisting of a person's parents, spouse, children, and siblings. The category often extends to the corresponding relatives of the person's spouse and to stepchildren or adopted children.
Supervisor Lane announces over the loudspeaker that a machine has killed Iain Irons's child behind tarps. Iain, present on the factory floor, panics and suffers a heart attack from the fright. The resulting bodily harm supports recovery because the shock arose from peril to an immediate family member occurring in Iain's presence.
Supervisor Morgan falsely tells Luis that his wife has burned to death and displays graphic photos. Luis's daughter Ana, seated in the back of the room, is present and immediately suffers severe emotional distress. Recovery is available because Ana is a member of Luis's immediate family who was present at the time.
Select any source to read its text and confirm it supports the definition.
Irene Ingalls stands at the curb and sees a car strike her daughter. The impact occurs directly in front of Irene, who suffers lasting emotional trauma. The closeness of the parent-child relationship within the immediate family supports her bystander claim for the distress.
A studio releases images of a deceased actor's funeral attended by his widow and children. The surviving spouse and offspring, all members of the immediate family, experience distress from the unauthorized commercial use. The relational tie supplies standing to assert privacy-based claims arising from the publicity.
No. The rule permits recovery for severe emotional distress alone when the plaintiff is an immediate family member who is present, even without bodily harm. The bodily-harm requirement applies only to non-family bystanders.
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Parents, spouses, children, and siblings qualify. Stepchildren and adopted children are also treated as immediate family members.
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No. Presence at the scene of the outrageous conduct directed at the family member is sufficient. Physical endangerment of the plaintiff is not required.
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No. The plaintiff must be present at the time the outrageous conduct occurs.
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…person was the plaintiff's beloved niece or nephew, grandparent, fiance, or lifelong friend, more dear to the plaintiff than her immediate family? Next, how "near" must the plaintiff have been to the scene of the accident, and how "soon" must shock have been felt? Indeed, what is the magic in the plaintiff's being actually present?…