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 Maine, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Maine law allows for a claim of NIED if the plaintiff can show that they have suffered serious emotional distress as a result of the defendant's negligent conduct. The plaintiff must also demonstrate that the emotional distress is a foreseeable consequence of the negligence. Maine does not strictly require the plaintiff to have suffered a physical injury or to have been in the 'zone of danger' in order to make a claim for NIED. However, the emotional distress must be severe enough that it might result in illness or bodily harm. Maine courts have also recognized the rights of bystanders to recover for NIED in cases where they are closely related to the victim, have witnessed the accident, and have suffered serious emotional distress as a result. As with many states, the specifics of NIED claims in Maine are largely determined by case law rather than by statute.