Emotional distress claims resolved for individuals in zone of danger

Clients were placed in immediate risk of serious injury or death due to conditions arising from electric company failures. Although they avoided physical injury, they suffered profound emotional trauma. The utility defendant challenged these claims aggressively, crudely arguing that emotional-distress damages were overstated and that responsibility lay with public agencies rather than utility conduct.

We developed zone of danger claims grounded in objective exposure to imminent harm, supported by factual and expert evidence. Our strategy focused on:

• Demonstrating proximity to the hazardous conditions
• Establishing contemporaneous awareness of life-threatening risk
• Linking emotional harm directly to the utility-created danger

By anchoring these claims to the same causation framework used for wrongful death, injury, and property damage cases, we prevented marginalization of emotional distress claimants.

The emotional distress claims resolved through significant settlements, acknowledging the real and lasting psychological harm caused by being placed in imminent danger. Clients achieved closure without the burden of trial.