Maryland
How Dillon v. Legg applies in Maryland: state-specific rules, key cases, and bar exam notes for Torts.
Maryland follows the principles regarding bystander recovery articulated in Dillon v. Legg, allowing for emotional distress claims under certain circumstances. The courts assess the relationship between the plaintiff and the victim, as well as proximity to the incident.
In Maryland, a bystander may recover for emotional distress if they witness the injury to a closely related person, are present at the scene, and the injury is the result of another's negligence.
Recognized a bystander’s claim for emotional distress while reiterating the need for immediate proximity to the event.
Allowed a claim for emotional distress from a parent witnessing the negligent injury to their child, following Dillon's rationale.
Articulated guidelines for bystander recovery, emphasizing the need for a direct relationship to the victim.
Maryland's approach to emotional distress claims for bystanders closely parallels federal standards, particularly in adhering to foreseeability and the need for a close relationship. However, some Maryland courts impose stricter proximity requirements compared to the more lenient federal guidelines.
The principles from Dillon v. Legg are relevant for the Maryland bar exam, particularly in the context of torts involving emotional distress and bystander claims.