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 Colorado, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Colorado law allows for NIED claims both for direct victims of negligent conduct and for bystanders in some cases. For a direct victim to establish an NIED claim, they must show that the defendant's negligent act caused them severe emotional distress. Colorado also recognizes the 'zone of danger' rule, which allows individuals who were in the immediate risk of physical harm due to someone's negligence to recover for emotional distress, even if they did not suffer a physical impact. For bystander NIED claims, Colorado typically requires that the bystander be closely related to the injury victim, have been present at the scene of the accident, and have personally observed the injury or death of the victim. The specifics of these claims are largely governed by state case law, and the exact requirements can vary based on the details of each case. Claimants considering an NIED claim in Colorado should consult with an attorney to understand the current legal standards and how they might apply to their situation.