Legal Definitions - physical-impact rule

The physical-impact rule is a legal principle, applied in some jurisdictions, that requires a person seeking to recover damages for emotional distress to demonstrate that they also suffered some form of physical contact or injury as a direct result of another party's negligent actions. This rule serves to limit claims for purely emotional harm, often requiring a "touching" or physical manifestation of harm, however slight, before a claim for emotional distress can proceed.

Here are some examples to illustrate the physical-impact rule:

• Example 1: Near Miss in a Crosswalk

  Imagine a pedestrian, Sarah, who is crossing the street legally when a distracted driver runs a red light and swerves at the last second, narrowly missing her by inches. Sarah is not physically touched by the car, but the terrifying experience causes her to suffer severe anxiety, panic attacks, and an inability to sleep for months. Under the physical-impact rule, Sarah would likely be unable to recover damages for her emotional distress because she did not experience any direct physical contact or injury from the vehicle, despite the profound psychological impact.

• Example 2: Minor Contact in a Collision

  Consider Mark, who is driving his car when another vehicle rear-ends him at a low speed. The impact is minor, causing only a slight jolt to Mark's body and a barely perceptible bump on his head from the headrest. There are no visible injuries, and he doesn't require immediate medical attention. However, the shock of the collision triggers a pre-existing anxiety disorder, leading to significant emotional distress, fear of driving, and therapy expenses. In a jurisdiction applying the physical-impact rule, Mark might be able to recover for his emotional distress because the slight physical contact (the jolt and head bump) could be considered sufficient physical impact, even without obvious physical injury.

• Example 3: Witnessing a Property Damage Incident

  Suppose David is standing on his porch and watches in horror as a runaway truck crashes into his house, causing extensive damage but no physical harm to David himself. The incident causes David to experience severe emotional trauma, including nightmares and a fear of being in his own home. Because David did not suffer any direct physical contact or injury from the truck or the collapsing structure, he would likely be barred from recovering damages for his emotional distress under the physical-impact rule, even though he witnessed the destructive event firsthand and it directly affected his property.