Legal Definitions - NIED

NIED stands for Negligent Infliction of Emotional Distress.

This legal term refers to a situation where one person's careless or negligent actions cause another person to suffer severe emotional or mental harm, even if there was no direct physical injury to the distressed individual. To successfully claim NIED, the emotional distress must typically be significant and debilitating, going beyond ordinary upset or sadness, and there are often specific legal requirements regarding the relationship between the parties or the nature of the negligent act.

• Example 1: Witnessing a Traumatic Event

  Imagine a parent walking with their child when a distracted driver, negligently operating their vehicle, swerves onto the sidewalk and narrowly misses hitting the child. While the child is physically unharmed, the parent witnesses the near-fatal incident and subsequently develops severe post-traumatic stress disorder (PTSD), experiencing flashbacks, anxiety attacks, and significant difficulty sleeping.

  Explanation: The driver's negligence (distracted driving) directly caused the parent to suffer severe emotional distress (PTSD) by witnessing a traumatic event involving a close family member, even though the parent themselves was not physically injured.

• Example 2: Mismanagement of Sensitive Information or Items

  A medical laboratory negligently mixes up patient samples, leading a healthy individual to be mistakenly informed that they have received a positive diagnosis for a serious, life-threatening illness. For several weeks, the individual experiences intense fear, anxiety, and depression, making significant life decisions based on this incorrect information, before the laboratory discovers and corrects its error.

  Explanation: The laboratory's negligence in handling sensitive medical information directly caused the individual to suffer severe emotional distress (fear, anxiety, depression) due to the false belief they had a terminal illness.

• Example 3: Negligent Communication Causing Distress

  A bank, due to a clerical error, negligently sends a notice of foreclosure to a homeowner who is current on all their mortgage payments. Upon receiving the notice, the homeowner experiences extreme panic, shock, and distress, believing they are about to lose their home and suffering severe emotional upset that impacts their daily life, before the bank eventually clarifies the mistake was intended for a different customer.

  Explanation: The bank's negligence in sending the incorrect foreclosure notice directly led to the homeowner suffering severe emotional distress (panic, shock, upset) based on the false belief that their home was at risk.