Michigan
How Dillon v. Legg applies in Michigan: state-specific rules, key cases, and bar exam notes for Torts.
In Michigan, the principles surrounding bystander recovery for emotional distress align with those articulated in Dillon v. Legg. The state recognizes the importance of foreseeability and the relationship between the plaintiffs and the injured party in determining claims for negligent infliction of emotional distress.
To establish a claim for negligent infliction of emotional distress in Michigan, a plaintiff must demonstrate a close relationship to the injured party, proximity to the incident, and that they experienced severe emotional distress.
The court held that bystanders could recover for emotional distress if they can prove a close relationship to the victim and their presence at the scene during the negligent act.
Recognized that emotional distress claims must be supported by evidence of severe distress, affirming the standard set in Dillon.
Clarified the criteria for bystander claims, focusing on the need for contemporaneous perception of injury.
Michigan's approach is similar to the federal standard, particularly in the requirement of proximity and relationship; however, Michigan places stronger emphasis on the emotional impact suffered by the plaintiff, often leading to more rigorous scrutiny of such claims at trial.
Understanding Dillon v. Legg's principles is crucial, as Michigan bar exam questions often focus on the nuances of emotional distress claims and the circumstances under which recovery is permitted.