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 Hawaii, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized and can be pursued when a person suffers severe emotional distress due to another's negligent conduct. Hawaii law allows for NIED claims both for direct victims of negligence and for bystanders in certain circumstances. For direct victims, there is no strict requirement for a physical injury to accompany the emotional distress, but the emotional distress must be serious and verifiable. Bystander NIED claims in Hawaii are typically limited to individuals who have a close relationship with the victim, such as family members, and who were present at the scene of the accident and were aware that the victim was being injured. The bystander must also suffer emotional distress that is serious and reasonably foreseeable. The specifics of NIED claims in Hawaii are largely shaped by state court opinions, and the application of the law can vary depending on the facts of each case. An attorney can provide guidance on the likelihood of success of an NIED claim based on the current state of Hawaii law.