What's happening
This bill allows immediate family members in the zone of danger to sue for intentional or negligent infliction of emotional distress.
Why it matters
Expands legal protection for emotional harm. By specifically allowing immediate family members who are in the "zone of danger" to sue for emotional distress, the bill recognizes that witnessing harm to loved ones can cause legitimate and severe psychological injury, which previously may not have been compensable under New York law.
Defines who qualifies as "immediate family". The bill clarifies eligibility by explicitly listing spouse, parent, child, sibling, or grandparent, meaning only those relationships can bring these claims—this limits lawsuits to those most closely connected to the victim, rather than distant relatives or bystanders.
Addresses both intentional and negligent acts. The amendment makes it possible to sue not just for deliberate infliction of emotional distress, but also when distress results from careless (negligent) actions, potentially broadening the scope of situations where family members could seek legal redress.
May influence insurance, settlements, and litigation. By increasing potential liability in personal injury and tort cases, the bill could affect how insurance companies assess risk, how settlements are negotiated, and how defendants behave in situations where family members are present.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Families Sue for Trauma
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8143
IN SENATE
April 6, 2018
Introduced by Sen. PHILLIPS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to actions commenced by immediate family members within the zone of danger for intentional or negligent infliction of emotional distress
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 215 of the civil practice law and rules is amended by adding a new subdivision 9 to read as follows:
9. an action by an immediate family member within the zone of danger for intentional or negligent infliction of emotional distress. For the purposes of this section, "immediate family member" shall mean a spouse, parent, child, sibling, or grandparent.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14916-01-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to actions commenced by immediate family members within the zone of danger for intentional or negligent infliction of emotional distress
Purpose
To codify the cause of action for intentional and negligent infliction of emotional distress in New York State law.
Summary
Section 1 Amends the general obligations law by adding a new section 11-108 to codify the cause of action for intentional and negligent infliction of emotional distress.
Section 2 sets the effective date.
Justification
The common law torts of intentional and negligent infliction of emotional distress have long been held to fall under general negligence claims in New York State. This bill will solidify these causes of action within New York State law and further define the scope of family members who may bring such an action, if within the zone of danger.
Legislative history
S4568-A (2014)
Fiscal impact
None to the state
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.