We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is an Impact Rule?

Mary McMahon
By
Updated: Feb 24, 2024
Views: 6,820
Share

An impact rule is a legal rule which states that people who wish to claim damages for emotional distress must demonstrate that they also experienced physical harm. This applies to situations in which people sue for damages caused by negligent behavior. Intentional torts, such as defamation, which are designed to cause emotional distress are exempt from the impact rule, because proving that the defendant committed the act in question demonstrates that emotional distress occurred.

The reason behind impact rules is that it can be difficult to prove that someone has sustained emotional distress. People react very differently to different situations, and there is no clear measure for determining whether or not distress occurred and how severe it was. Having an impact rule is designed to prevent situations in which people file nuisance suits in an attempt to receive an award of damages.

A common example used to illustrate the way in which an impact rule can work is a car accident. If a parent and child are involved in an accident, and the child is injured but the parent is not, the other driver can be used for damages relating to the physical harm experienced by the child, but not the emotional harm experienced by the parent. Conversely, if the parent is hurt in the accident, he or she can file suit for physical and emotional damages.

Not all regions have an impact rule, and the interpretation of such rules is variable. Some judges are very strict about reviewing cases to determine whether or not they pass this test while others provide more leniency. People opposed to impact rules argue that it is possible to experience emotional distress without physical harm as a result of the negligence of someone else. For example, someone who witnesses a disturbing car accident may have nightmares or experience anxiety around cars without actually having been injured in the accident.

Rules of this nature are designed to prevent nuisance suits in civil law. While it is generally agreed that people who experience injuries as a result of the actions of others should be able to sue for damages, it is also agreed that some limitations are important. Without limits, there is a potential that someone could experience injury as a result of a recurring suit or series of nuisance suits. Balancing these limits to ensure that legitimate rights are not infringed by limits on civil suits is very important.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Editors' Picks

Discussion Comments
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
Share
https://www.wise-geek.com/what-is-an-impact-rule.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.