This article discusses the tort of bystander emotional distress from a feminist perspective. The Article concentrates on emotional distress which flows from witnessing the physical injury or death of a loved one. The article begins with an examination of the difficulties courts have in dealing with such cases. It proceeds to a discussion regarding Stanley Ingber's theory for dealing with such harms. Finally, the article argues for a more creative approach to a resolution of emotional distress claims in order to expose the underlying biases that are inherent in emotional distress claims, and concludes that a more flexible approach would effectuate many societal goals.
Northern Illinois University Law Review
Hepler, Deborah K.
"Providing Creative Remedies to Bystander Emotional Distress Victims: A Feminist Perspective,"
Northern Illinois University Law Review: Vol. 14:
1, Article 4.
Deborah K. Hepler, Providing Creative Remedies to Bystander Emotional Distress Victims: A Feminist Perspective, 14 N. Ill. U. L. Rev. 71 (1993).