Who may recover emotional distress damages as a bystander?

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In Georgia, a bystander may recover damages for emotional distress under certain circumstances. The correct answer highlights that a close family member present at the scene of an incident is eligible to claim for emotional distress damages. This aligns with the concept of "bystander recovery," where the law recognizes the profound emotional impact that witnessing a traumatic event can have on individuals closely related to the victim.

The criteria for recovery typically require that the bystander has a close familial relationship with the injured party and that they are present at the scene or immediately observe the harm to the victim. This framework acknowledges the unique emotional bond that exists between family members and the distress caused by witnessing harm to loved ones.

In contrast, the other options do not meet the necessary criteria for recovery. A distant acquaintance lacks the close familial relationship required for emotional distress claims. A public bystander who is not related to the victim similarly does not fulfill the familial closeness requirement. Lastly, a neighbor who merely hears about the incident is not considered to have been present to witness the trauma, which is essential for establishing the appropriate basis for emotional distress claims. Thus, the focus on the relationship and presence at the scene is critical in defining who can recover damages for emotional distress.

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