Torts: Basic Fluency in a Fundamental Legal Language (Revised)

Resource 5 . 1 . 2 . 2

16 minutes

Niederman v. Brodsky ("The Bitterly Contested Zone of Danger Case")

Jordan Wallace-Wolf

Should recovery for negligence require some contact with the plaintiff's body? Or is it enough the defendant created fear through a near miss, or by putting the plaintiff in the "zone of danger?" In this case, notice how divided the justices are about whether to change or retain the common law on this question.

Supreme Court of Pennsylvania

436 Pa. 401

Appeal, No. 153

1970-01-09

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.