Abstract
Courts impose a number of barriers to recovery for negligently inflicted emotional harm. Whether or not these barriers are justified in suits between strangers, this essay argues that they are inappropriate both when the defendant has a special relationship to the plaintiff and when the defendant has undertaken a duty of care that implicates the plaintiffs emotional well-being. A hospital caring for mother and her newborn infant should be liable for the mother's emotional harm on ordinary negligence principles if it loses the baby. The essay also considers whether the defendant should be permitted to contract out of the responsibility.
How to Cite
50 Ariz. L. Rev. 49 (2008)
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