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 Missouri, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. Missouri law allows for NIED claims when the plaintiff has suffered a physical injury as a result of the defendant's negligence or when the plaintiff was in a zone of danger, meaning they were at risk of physical harm due to the defendant's negligence. Additionally, Missouri recognizes the 'bystander' theory, allowing for recovery of emotional distress damages for certain close relatives who witness the injury or death of a family member due to another's negligence. However, the bystander must have been present at the scene of the injury or immediately come upon the scene shortly after the event, and the shock must result from a direct emotional impact upon the bystander from the sensory and contemporaneous observance of the accident. The specifics of NIED claims in Missouri are largely governed by case law, and the application of the law can be complex. Therefore, individuals seeking to pursue an NIED claim in Missouri should consult with an attorney to understand the nuances of the current legal landscape.