tag:blogger.com,1999:blog-4763742793669917233.post6365975945735321091..comments2023-11-17T13:40:41.055-06:00Comments on Torts Blog: Washington state Supreme Court recognizes cause of action for emotional distress absent physical injury in a products liability caseProfessor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4763742793669917233.post-54135086697198381582013-04-13T00:01:51.601-05:002013-04-13T00:01:51.601-05:00Not quite, because the claim is not based on negli...Not quite, because the claim is not based on negligence but on strict liability. The key is the condition of the product itself. The plaintiff will argue that the product was "defective" and that emotional distress is a foreseeable consequence of the risk created by the defect.Professor Alberto Bernabehttps://www.blogger.com/profile/05249350712732072457noreply@blogger.comtag:blogger.com,1999:blog-4763742793669917233.post-65491715400158240872013-04-12T22:14:57.636-05:002013-04-12T22:14:57.636-05:00So at this point, would he be arguing that the com...So at this point, would he be arguing that the company's conduct placed him within the zone of danger and that his emotional distress was a reasonably foreseeable consequence of the risk created by that negligent conduct?Anonymousnoreply@blogger.com