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Torts • Negligent Infliction of Emotional Distress
TORT#061
Legal Definition
A bystander can recover for NIED where they: (1) are closely related to the injured person, (2) were present at the scene, (3) contemporaneously observed the injury, and (4) suffered physical symptoms as a result of the distress.
Plain English Explanation
A bystander may recover damages for negligent infliction of emotional distress (NIED) if they meet specific requirements designed to ensure that only those most directly affected by witnessing a traumatic event can claim emotional distress. These elements are:
(1) Closely Related: The bystander must be closely related to the person who was injured or killed. This typically means a family member, such as a parent, child, or spouse. The relationship must be strong enough that the emotional impact from witnessing the injury would be especially severe.
(2) Present at the Scene: The bystander must have been physically present at the location where the injury occurred. They cannot claim emotional distress if they heard about the injury later or were far away when it happened.
(3) Contemporaneously Observed the Injury: The bystander must have directly witnessed the injury as it happened. This means they saw the event unfold in real-time, not just arriving after the fact or learning about it later.
(4) Physical Symptoms: The emotional distress must lead to actual physical symptoms for the bystander. This could include things like nausea, anxiety attacks, or insomnia. Emotional distress alone is generally not enough; there must be a physical manifestation of that distress.
(1) Closely Related: The bystander must be closely related to the person who was injured or killed. This typically means a family member, such as a parent, child, or spouse. The relationship must be strong enough that the emotional impact from witnessing the injury would be especially severe.
(2) Present at the Scene: The bystander must have been physically present at the location where the injury occurred. They cannot claim emotional distress if they heard about the injury later or were far away when it happened.
(3) Contemporaneously Observed the Injury: The bystander must have directly witnessed the injury as it happened. This means they saw the event unfold in real-time, not just arriving after the fact or learning about it later.
(4) Physical Symptoms: The emotional distress must lead to actual physical symptoms for the bystander. This could include things like nausea, anxiety attacks, or insomnia. Emotional distress alone is generally not enough; there must be a physical manifestation of that distress.
