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Torts • Strict Liability
TORT#060
Legal Definition
A plaintiff can recover for NIED where they: (1) were in the zone of danger, and (2) suffered physical symptoms as a result of the distress.
Plain English Explanation
For a plaintiff to successfully recover damages for negligent infliction of emotional distress (NIED), two key elements generally need to be present.
(1) Zone of Danger: The plaintiff must have been close enough to the defendant’s negligent act that they were at immediate risk of physical harm. This is referred to as being in the "zone of danger." For example, if a person narrowly avoids being hit by a car due to the driver’s negligence, they would be considered in the zone of danger because they were close enough to potentially suffer physical harm.
(2) Physical Symptoms: The plaintiff must show that the emotional distress they suffered from the event led to some form of physical manifestation. This could include symptoms like anxiety, headaches, insomnia, or even more severe physical reactions. Without physical symptoms, recovery for NIED is usually not possible in most jurisdictions. Emotional distress on its own, without accompanying physical symptoms, does not generally qualify for compensation.
(1) Zone of Danger: The plaintiff must have been close enough to the defendant’s negligent act that they were at immediate risk of physical harm. This is referred to as being in the "zone of danger." For example, if a person narrowly avoids being hit by a car due to the driver’s negligence, they would be considered in the zone of danger because they were close enough to potentially suffer physical harm.
(2) Physical Symptoms: The plaintiff must show that the emotional distress they suffered from the event led to some form of physical manifestation. This could include symptoms like anxiety, headaches, insomnia, or even more severe physical reactions. Without physical symptoms, recovery for NIED is usually not possible in most jurisdictions. Emotional distress on its own, without accompanying physical symptoms, does not generally qualify for compensation.