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 Iowa, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. Iowa law allows for NIED claims when the plaintiff has suffered severe emotional distress as a result of the defendant's negligent conduct. However, Iowa generally requires that the emotional distress must stem from a physical injury or threat of physical injury to the plaintiff. This is often referred to as the 'physical impact rule,' meaning that the emotional distress must be connected to an actual physical impact or injury. Additionally, Iowa recognizes the 'zone of danger' rule, which allows individuals who were in close proximity to the danger and who reasonably feared for their own safety to recover for NIED, even if they did not suffer a direct physical impact. Bystander recovery for NIED in Iowa is more limited; typically, a bystander must have a close personal relationship with the direct victim, have been present at the scene of the accident, and have directly observed the injury-causing event. As with many states, the specifics of NIED claims in Iowa are shaped by case law, and an attorney can provide guidance on the current state of the law and its application to individual circumstances.