Can a bystander who witnessed a motor vehicle accident be liable for emotional distress?

In the landmark decision of Dillon v. Legg (1968) 68 Cal.2d 728, 69 Cal.Rptr. 72, 441 P.2d 912, this court first held that a bystander who was not himself in danger of injury from an accident may [46 Cal.3d 270] recover damages for negligent infliction of emotional distress as the result of witnessing an accident in which another was injured by the defendant's negligence. There, a mother observed the fatal injury of her infant daughter, and she sought to recover damages for the shock and injury to her nervous system from the event. We held that absent overriding policy considerations, the chief element in determining whether defendant owes a duty to another is foreseeability of the risk, and that it was foreseeable the mother of a young child would be in the vicinity and would suffer serious emotional shock from witnessing an injury to her child.