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 Kentucky, the tort of negligent infliction of emotional distress (NIED) is recognized, but it is subject to certain limitations. Kentucky law generally requires that a claimant demonstrate a physical impact or a physical manifestation of the emotional distress to recover damages for NIED. This means that the emotional distress must result in some form of physical injury or harm. Additionally, Kentucky courts have adopted the 'zone of danger' test, which allows a claimant to recover for NIED if they were within the zone of danger of the negligent act and the emotional distress resulted from a reasonable fear for their own safety. Bystander NIED claims are also recognized in Kentucky, but they are limited to situations where the bystander closely related to the direct victim witnesses the event causing injury or death and suffers serious emotional distress as a result. The specific application of these principles can vary based on the facts of each case, and Kentucky case law continues to shape the contours of NIED claims. An attorney can provide guidance on the current state of the law and its application to individual circumstances.