Introduced in House Passed House Introduced in Senate Passed Senate Became Law
12/16/2019        

Intentional or negligent infliction of injury or death; bystander claims for emotional distress.

Provides that a bystander who witnesses, live and in-person, an event during which the intentional or negligent infliction of injury to or death of a victim occurs may recover damages for resulting emotional distress, proven by a preponderance of the evidence, with or without a physical impact or physical injury to the bystander, if (i) the bystander is related to the victim or (ii) although not related to the victim, the bystander is in close proximity to the victim at the time the event occurs and is aware that such event is causing injury to or the death of the victim.

Date Version PDF TXT
12/16/2019 House: Prefiled and ordered printed; offered 01/08/20 20101772D Open

            

2020 SESSION

    20101772D
    HOUSE BILL NO. 127
    Offered January 8, 2020
    Prefiled December 16, 2019
    A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.6, relating to bystander claims for intentional or negligent infliction of injury or death; emotional distress.
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    Patron-- Miyares
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    Referred to Committee for Courts of Justice
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    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding a section numbered 8.01-42.6 as follows:

    8.01-42.6. Bystander claims for intentional or negligent infliction of injury or death; emotional distress.

    A bystander who witnesses, live and in-person, an event during which the intentional or negligent infliction of injury to or death of a victim occurs may recover damages for resulting emotional distress, proven by a preponderance of the evidence, with or without physical impact or physical injury to the bystander, if:

    1. The bystander is related to such victim by blood, marriage, or adoption; or

    2. Although not related to such victim by blood, marriage, or adoption, the bystander is in close proximity to such victim at the time such event occurs and is aware that such event is causing injury to or the death of such victim.

    Picture Name From Date Type
    Jason S. Miyares R-Richmond Sponsor
    Date Branch Action
    01/30/2020 House House: Assigned Courts sub: Civil
    12/16/2019 House House: Prefiled and ordered printed; offered 01/08/20 20101772D
    12/16/2019 House House: Referred to Committee for Courts of Justice
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