Negligent infliction of emotional distress [NIED] – This is NOT where Δ causes direct trauma to Π.
Π can recover if:
- Π must have been in zone of physical danger. (it’s gotta be a near miss fact pattern) and,
- Π must show subsequent physical manifestations of the distress. Subsequent can be any time after the event.
- EX: heart-attack; miscarriage; rash; hives; anything observable and measurable. Anything self-reported is not good enough.
- Bystander distress claim: focus on the unpleasant emotion suffered by Π. Grief/sorrow/horror. The distressed party will have a ringside seat to a negligently inflicted injury on a close family member.
- Distinguishing between IIED and NIED. Before you apply any rules, categorize the factpattern. IIED = intent. Δ is acting on purpose; NIED = Δ acting carelessly.