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 Massachusetts, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. The state follows the 'zone of danger' test, which allows a claim for NIED if the plaintiff was in the zone of danger of physical harm and the emotional distress results from the fear for his or her own safety. Additionally, Massachusetts recognizes a 'bystander' NIED claim, where a person who witnesses an event causing serious injury or death to a close family member may recover for emotional distress, provided that the bystander was also in the zone of danger. The bystander must have a close familial relationship with the injured person, have been present at the scene of the accident, and have personally observed the accident. These requirements are derived from case law rather than specific statutes. It is important for claimants to consult with an attorney to understand the nuances of NIED claims in Massachusetts and to determine whether they have a viable case under the state's legal precedents.