What Is the Zone of Danger in Utah?
In Utah, the Zone of Danger doctrine allows individuals to recover damages for emotional distress even if they were not physically injured. If someone is in close proximity to an incident caused by another’s negligence and fears for their personal safety, they may have a valid claim for compensation.
Traditional Injury Claims vs. Zone of Danger Claims
Traditionally, personal injury law required that plaintiffs suffer physical harm to recover damages. However, the Zone of Danger expands this to allow claims for emotional distress without a physical injury, as long as the plaintiff meets specific criteria.
When Can Someone Recover for Emotional Distress?
To recover damages in a Zone of Danger case, a plaintiff must prove:
- They were personally present during the incident.
- They were in close proximity to the negligent act.
- They experienced fear or apprehension of physical harm.
This fear must arise directly from the at-fault party’s actions, and the plaintiff must be in actual physical peril at the time of the incident.
Who Qualifies for Compensation in Zone of Danger Cases?
The Utah Zone of Danger law primarily benefits individuals who:
- Witnessed an accident caused by someone else’s negligence.
- Were narrowly missed or feared for their personal safety during the incident.
- Suffered emotional distress from the fear of harm, even though they were not physically injured.
Key Requirements to Prove Zone of Danger Claims
1. Fear for Personal Safety
The plaintiff must demonstrate genuine fear or apprehension of physical impact.
2. Proximity to the Incident
The plaintiff must have been close enough to the negligent act to be in actual physical peril.
The 2018 Utah Supreme Court Case: Mower v. Baird
In the landmark case Mower v. Baird (2018 UT 29), the Utah Supreme Court clarified the Zone of Danger doctrine. Before this case, individuals outside the zone of danger could not recover for negligent infliction of emotional distress.
Key Takeaways from Mower v. Baird
- Plaintiffs within the Zone of Danger may recover for emotional distress.
- Plaintiffs outside the Zone of Danger still face significant legal hurdles to recover damages.
Real-Life Example of a Zone of Danger Case
To better understand the Zone of Danger, consider this scenario:
Example: Drunk Driver Incident in Provo, UT
- A drunk driver hits a pedestrian walking on the sidewalk.
- The pedestrian suffers significant physical injuries and has a clear claim against the driver.
- The pedestrian’s best friend, walking next to him, narrowly avoids being hit but witnesses the entire traumatic event.
Claim 1: The Injured Pedestrian
The injured pedestrian can recover damages for:
- Medical bills
- Lost wages
- Pain and suffering
Claim 2: The Friend in the Zone of Danger
The friend, although not physically injured, can recover for emotional distress because:
- They were in close proximity to the incident.
- They feared for their own safety.
- They suffered emotional harm witnessing their friend’s injury.
Utah Jury Instruction for Zone of Danger Cases
In Zone of Danger cases, juries follow the CV1507 instruction:
“To be within the ‘zone of danger,’ the plaintiff must be in such close proximity to a threat of harm created by defendant’s negligent conduct that plaintiff is placed in actual physical peril.”
How a Utah Personal Injury Attorney Can Help
Proving emotional distress in Zone of Danger cases requires strong evidence, witness testimony, and expert legal knowledge. An experienced Utah personal injury attorney like Jake Gunter will:
- Evaluate your claim to determine eligibility.
- Gather evidence to prove fear, proximity, and emotional distress.
- Negotiate with insurance companies for fair compensation.
- File a lawsuit if necessary to pursue your rightful damages.
Call/Text Utah Personal Injury Attorney Jake Gunter
If you believe you have a Zone of Danger injury case, don’t wait. Call or text Jake Gunter today at (801) 373-6345 for a FREE consultation. Let his 20 years of experience work for you.
FAQs About Zone of Danger Injury Cases in Utah
- What is a Zone of Danger claim?
It’s a claim for emotional distress by someone who was in close proximity to a dangerous incident but not physically injured. - Can I sue for emotional distress if I wasn’t hurt?
Yes, if you were within the Zone of Danger and feared for your safety. - What evidence do I need for a Zone of Danger claim?
Evidence of proximity, fear for safety, and resulting emotional distress. - How is emotional distress proven in court?
Testimony, witness statements, and expert opinions are used to demonstrate emotional harm. - Do I need a lawyer for a Zone of Danger claim?
Yes, an experienced attorney can help gather evidence and prove your case.