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Torts • Negligent Infliction of Emotional Distress
TORT#062
Legal Definition
If a plaintiff was outside the zone of danger, and cannot prove physical symptoms, they may be able to recover for NIED if either: (1) a duty arises from the relationship with the defendant, and the defendant causes severe emotional distress; or (2) where the defendant's negligence creates a great likelihood of emotional distress.
Plain English Explanation
In some cases, a plaintiff may be able to recover for negligent infliction of emotional distress (NIED) even if they were not in the zone of danger and cannot prove any physical symptoms resulting from the distress. This is possible under two specific circumstances:
(1) Special Relationship and Severe Emotional Distress: If the plaintiff has a special relationship with the defendant that creates a duty of care, the defendant may be liable if their negligence causes the plaintiff severe emotional distress. For instance, a doctor has a duty to avoid causing emotional distress to their patient, or a funeral home has a duty to avoid mishandling a loved one’s remains. In such situations, even though the plaintiff wasn’t in the zone of danger and has no physical symptoms, the emotional impact from the defendant’s failure to meet this duty could be considered severe enough to warrant recovery.
(2) Great Likelihood of Emotional Distress: The second situation happens when the defendant’s negligence creates a situation that has a high likelihood of causing emotional distress, even if no physical injury or immediate danger was present. For example, mistakenly informing someone that a close family member has died could cause intense emotional distress, even if there is no risk of physical harm. In such cases, courts may allow recovery for NIED, recognizing the profound emotional impact of the defendant's actions, despite the absence of physical harm or danger.
(1) Special Relationship and Severe Emotional Distress: If the plaintiff has a special relationship with the defendant that creates a duty of care, the defendant may be liable if their negligence causes the plaintiff severe emotional distress. For instance, a doctor has a duty to avoid causing emotional distress to their patient, or a funeral home has a duty to avoid mishandling a loved one’s remains. In such situations, even though the plaintiff wasn’t in the zone of danger and has no physical symptoms, the emotional impact from the defendant’s failure to meet this duty could be considered severe enough to warrant recovery.
(2) Great Likelihood of Emotional Distress: The second situation happens when the defendant’s negligence creates a situation that has a high likelihood of causing emotional distress, even if no physical injury or immediate danger was present. For example, mistakenly informing someone that a close family member has died could cause intense emotional distress, even if there is no risk of physical harm. In such cases, courts may allow recovery for NIED, recognizing the profound emotional impact of the defendant's actions, despite the absence of physical harm or danger.
