One of the most significant expansions of negligence liability in the past 40 years was the creation of the Portee claim, which provides recovery to those who witness the death or serious injury of a loved one as a result of the negligence of another, but who were not in the zone of danger themselves. This type of claim frequently accompanies a products-liability lawsuit. Below is a comprehensive survey of the evolution of New Jersey’s Portee claim and the issues that arise in the application of the claim’s four elements.
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