回复:回复:回复:回复:回复:我儿子也在BABY GAP摔倒

来源: 68156 2005-12-07 20:54:24 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (915 bytes)
本文内容已被 [ 68156 ] 在 2006-01-03 08:15:59 编辑过。如有问题,请报告版主或论坛管理删除.
Contact their insurance company directly. The only thing I disagree is the emotional distress. Insurance company will not likely to reimburst any emotional injuries. The reason is simple: based on what you said, any claim of emotional distress would fail in court. The definition of IIED is intentional infliction of extreme and outrageous conduct to causes severe emotional distress. You notice two things, first, Gap's conduct has to extreme and outrageous. Second, you have to suffer a severe emotional distress. Normal upset would not suffice. Restatement of Torts defines "extreme and outrageous condcut" as conduct outside boundary of a community of normal decency. I don't think Gap's conduct or negligence would suggest any IIED or NIED claim. Unless, after the accident, Gap did not call for an ambulance but assisted you had to pay for the clothes before you left. Now, that is outrageous.
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