Legal Definitions - Negligent infliction of emotional distress

Negligent infliction of emotional distress (NIED) is a legal term referring to a type of civil wrong where a person experiences significant emotional suffering because of someone else's careless or reckless actions.

Unlike situations where emotional distress is caused intentionally, NIED claims arise when the emotional harm is an unintended, though often foreseeable, consequence of negligence. The specific rules for when a person can sue for NIED and how damages are calculated vary significantly from state to state. Generally, states approach these claims in a few different ways:

• Foreseeability: Many states allow NIED claims if it was reasonably predictable that the defendant's negligent actions would cause emotional distress to the plaintiff.
• Zone of Danger: Some states require that the plaintiff was in immediate physical peril due to the defendant's negligence, even if they were not physically harmed. The emotional distress stems from the fear of impending physical injury.
• Physical Injury: A smaller number of states require that the plaintiff must have suffered some actual physical injury as a result of the negligence, in addition to the emotional distress.

Here are some examples to illustrate how negligent infliction of emotional distress might apply:

• Example 1: A homeowner hires a roofing contractor who, due to extreme carelessness, leaves a large section of the roof completely open and exposed for several days during a severe storm. Although no physical damage occurs to the interior of the house because the storm unexpectedly veers away, the homeowner experiences intense anxiety, panic attacks, and sleepless nights fearing their home would be destroyed and their family's safety compromised.

  This illustrates NIED because the contractor's clear negligence created a foreseeable risk of significant emotional distress for the homeowner, even without direct physical damage to the property.

• Example 2: A parent is walking with their young child in a crosswalk when a distracted driver negligently runs a red light, narrowly missing the child by inches. The parent, witnessing the near-fatal incident, suffers severe shock, develops recurring nightmares, and experiences ongoing anxiety about their child's safety, even though neither the parent nor the child sustained any physical injuries.

  This demonstrates NIED under the "zone of danger" concept, as the parent was present and witnessed a negligent act that placed a close family member in immediate physical peril, leading to profound emotional distress.

• Example 3: A restaurant negligently serves a customer food contaminated with a severe allergen, despite the customer clearly stating their allergy. The customer suffers a significant allergic reaction requiring emergency medical attention. While the physical symptoms eventually subside, the customer develops a lasting phobia of eating out, intense anxiety about food safety, and experiences recurring panic attacks related to the traumatic experience.

  This example shows NIED where the restaurant's negligence caused both a physical injury (the allergic reaction) and significant, lasting emotional distress that was a foreseeable consequence of their carelessness.