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 Minnesota, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. Minnesota law allows for NIED claims when the plaintiff has suffered severe emotional distress that is the result of a defendant's negligent conduct. However, the state typically requires that the emotional distress be accompanied by a physical manifestation of the injury or that the plaintiff was within a 'zone of danger' of physical harm caused by the defendant's negligence. This means that the plaintiff must have been in a position where they could have been physically harmed by the defendant's actions, even if they were not actually physically injured. Additionally, Minnesota recognizes the claim for bystanders in limited situations, generally requiring that the bystander have a close relationship with the victim and that the emotional distress resulted from witnessing the victim being injured or killed. The specifics of NIED claims in Minnesota are largely shaped by state court opinions, and an attorney can provide detailed guidance on the current state of the law and its application to individual circumstances.