What must a plaintiff prove under the bystander theory for IIED liability?

Under the bystander theory for Intentional Infliction of Emotional Distress (IIED) liability, a plaintiff must demonstrate that they are a close family member of the person directly affected by the defendant's extreme and outrageous conduct. This relationship is essential because it establishes a direct emotional connection between the plaintiff and the victim, which is necessary for the plaintiff to claim that they experienced severe emotional distress due to witnessing the defendant's actions.

The law recognizes that close family members are more likely to suffer emotional harm when they witness the suffering of their loved ones, as they have a greater stake in the well-being of the victim. This is why the requirement focuses specifically on the familial relationship rather than just any bystander.

The other choices do not accurately reflect the necessary elements needed to establish IIED liability under the bystander theory. For instance, the notion that the defendant acted without intent is not a requisite factor; in fact, the defendant must have acted intentionally or with reckless disregard for the likelihood of causing emotional distress. Additionally, the defense being incapable of exhibiting emotional distress does not relate to the parameters of the bystander theory. Lastly, the idea that harm must be inflicted on a bystander misunderstands the focus on the relationship and the emotional impact rather