You can sue for negligent infliction of emotional distress when you watch a house burn (knowing that your daughter is in it) even though you don't know why the house burned; i.e., that it was the result of defendant's negligence as opposed to a candle, lightning, etc.
But you can't sue for NIED when you actively watch your husband die in a scuba accident if, at the time, you didn't know that it was the defendant's product that caused him to die (as opposed to, say, a heart attack).
So holds the Court of Appeal.
P.S. - So the winner in this case is Forvaltningsbolaget Insulan. Try saying that three times fast.
P.P.S. - One of the attorney losers in the case is Lars C. Johnson. Though the caption of the opinion lists him as "Lars Christian". Might want to change that.
