What determines whether Carol can recover damages after observing Maddy’s injury?

To determine whether Carol can recover damages after observing Maddy's injury, the key factor is often the relationship between Carol and Maddy. In tort law, particularly concerning claims for emotional distress resulting from witnessing an injury to another, courts typically recognize a closer relationship as an important criterion for recovery. Generally, individuals who are immediate family members or have a significant emotional bond with the injured person are more likely to be eligible to recover damages for emotional distress as they may experience greater emotional impact.

While factors such as the specific trauma caused by the incident, the type of emotional harm experienced, and even the reason for being present at the scene may play a role in the overall context of the incident, they are secondary to the established legal principle that kinship or a significant relationship to the person who was harmed is crucial for asserting a claim for emotional distress. Courts have often acknowledged that the closer the relationship, the more likely it is that the observer will experience profound emotional distress, which has led to the emphasis on this relational aspect in tort cases.