Unformatted text preview: consumption. The "impact rule" should not be used to prevent relief under the circumstances of the case. Even with the impact rule, the court has several instance where the rule did not preclude an otherwise viable claim. While it is acknowledged that many states have abolished the "impact rule", several states including Florida, where the case is filed, still adhere to the rule. The purpose of the impact rule is a means for "assuring the validity of claims for emotional or psychic damages." Conclusion : The impact rule should not exclude a plaintiff that did not suffer physical injury. Also, the plaintiff need not prove the existence of a physical injury in order to recover damages for emotional injuries caused by the consumption of a contaminated food or beverage....
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- Spring '11
- Business Law, Injury, Suffering, Intentional infliction of emotional distress, Physical trauma, impact rule