NIED is an abbreviation for negligent infliction of emotional distress.
Negligent infliction of emotional distress (NEID) is a tort, defined as emotional distress caused by negligent action. States differ greatly as to when they allow a cause of action for NEID and exactly how damages are calculated, unlike with intentional infliction of emotional distress (IIED).
States mostly fall into three categories on how they allow NEID claims:
- Most states allow NEID claims when the defendant’s actions were reasonably foreseeable to cause emotional distress.
- Some states only allow for an NEID claim when a plaintiff nearly misses physical harm and fears such harm, known as being in a zone of danger.
- For example, if someone assaulted a server, anyone sitting by the server could be in the zone of danger as they may have thought they were also going to be assaulted.
- A few states require at least some physical injury to the plaintiff for NEID to be claimed at all.
Some states require different elements be met if the plaintiff was the direct victim of the NIED or a bystander.
- For example, California Civil Jury Instructions on direct victim NIED claims requires the plaintiff to prove “That [name of defendant] was negligent; That [name of plaintiff] suffered serious emotional distress; and That [name of defendant]’s negligence was a substantial factor in causing [name of plaintiff]’s serious emotional distress.”
- In contrast, the elements for bystander NIED require that “That [name of defendant] negligently caused [injury to/the death of] [name of victim]; That when the [describe event, e.g., traffıc accident] that caused [injury to/the death of] [name of victim] occurred, [name of plaintiff] was [virtually] present at the scene [through [specify technological means]]; That [name of plaintiff] was then aware that the [e.g., traffic accident] was causing [injury to/the death of] [name of victim]; That [name of plaintiff] suffered serious emotional distress; and That [name of defendant]’s conduct was a substantial factor in causing [name of plaintiff]’s serious emotional distress.”
[Last updated in July of 2023 by the Wex Definitions Team]