Negligent infliction of emotional distress (NIED) is a personal injury claim, cause of action, or tort (wrongful act) that is recognized in some states. NIED claims seek to hold another person or entity civilly liable (for money damages) caused by careless or negligent conduct that causes mental or emotional damage (severe emotional distress) to the injured claimant or plaintiff.
Some states that recognize an NIED claim have additional requirements that the claimant or plaintiff suffered a physical injury or was “in the zone of danger” created by the negligent conduct, for example.
And in many states there is no recognized cause of action or claim for the negligent infliction of emotional distress, and no general duty not to negligently inflict emotional distress. A claimant may recover mental anguish damages only in connection with defendant's breach of some other legal duty.
But some states, such as California, recognize an NIED claim by a direct victim as well as for a bystander who observed the negligent infliction of emotional distress. A bystander claim is often limited to close relatives of the direct victim.
Laws vary from state to state and the law regarding the tort of negligent infliction of emotional distress is often located in a state’s court opinions (also known as case law, common law, or judicial decisions).
In Arizona, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. Arizona law allows for NIED claims when a plaintiff can show that they have suffered severe emotional distress due to the defendant's negligent behavior. However, Arizona courts typically require that the emotional distress be manifested by physical injury or illness, or that the plaintiff was within the 'zone of danger' of physical harm caused by the defendant's negligence. This means that the plaintiff must have been at risk of immediate physical harm as a result of the defendant's actions. Additionally, Arizona recognizes NIED claims for bystanders in limited situations, usually requiring that the bystander be closely related to the victim of the negligent act and that they were on the scene and personally witnessed the injury or peril. The specifics of NIED claims in Arizona are largely governed by state case law, and an attorney can provide guidance on the current standards and how they might apply to a particular case.