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 Connecticut, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. The state follows the 'foreseeability' standard, which means that the defendant's conduct must be such that a reasonable person would have foreseen that the conduct would likely cause emotional distress. Connecticut does not strictly require a physical injury for a claim of NIED, but the emotional distress suffered must be severe and significant. Additionally, Connecticut recognizes a 'bystander' NIED claim, which allows close relatives who witness the negligent infliction of emotional distress on another to recover damages, provided they meet certain criteria, such as being present at the scene of the injury and having a close relationship with the injured person. These claims are complex and fact-specific, and the precise requirements and limitations are often delineated through case law rather than statutory law. An attorney can provide guidance on the current state of the law and the viability of an NIED claim in Connecticut.