Oregon Supreme Court Overturns the “Physical Impact Rule” by Katie Eichner and Jeffrey Young

Oregon Supreme Court Overturns the “Physical Impact Rule” by Katie Eichner and Jeffrey Young

For years, Oregon law held that a plaintiff could not recover for purely emotional or psychic injury without a special relationship or a direct accompanying injury. Family members could not seek emotional distress damages for witnessing the death of a loved one under this long-standing rule, known as the “physical impact” rule. The Oregon Supreme Court overturned this rule today in favor of a test modeled on the Restatement (Third) of Torts section 48 (2012). Now, a bystander may recover for the emotional distress of witnessing a close family member suffer a sudden and serious physical injury that was negligently caused by a defendant. The emotional distress must be serious and the family member must have witnessed the events as they happened. The case name is Philibert v. Kluser. 360 Or 698 (2016).

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