Which condition is NOT a requirement for bystander recovery of emotional distress?

In Georgia, bystander recovery for emotional distress typically requires certain criteria to establish the legitimacy of the claim. One crucial aspect is that the bystander must be present at the scene of the injury, which helps to confirm the connection and immediacy of witnessing the traumatic event. Additionally, having a close relationship with the injured person is vital, as it establishes a significant emotional tie, which is often necessary to support a claim for emotional distress.

Experiencing physical symptoms of distress can further substantiate a bystander's claim, serving as evidence that the emotional distress has manifested in a tangible way. This requirement helps to validate the emotional impact on the bystander stemming from the observed incident.

Conversely, being the primary victim of the incident is not a condition for bystander recovery. Unlike the other criteria which support a bystander's claim, the emotional distress claim can be made even if the bystander was not the direct target of harm but rather a witness to the event. This distinction allows those who observe traumatic incidents involving loved ones to seek legal recourse for the emotional effects they experience, thus emphasizing the legal system’s recognition of the emotional toll witnessed harm can impart.