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 New Mexico (NM), the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. New Mexico law allows for recovery of damages for NIED if the plaintiff can demonstrate that the defendant's negligent conduct caused them to suffer severe emotional distress. The state follows the 'zone of danger' rule, which requires that the plaintiff must have been within the zone of danger of physical harm and feared for their own safety due to the defendant's negligence. This means that the plaintiff must show that they were at risk of physical harm as a result of the defendant's actions. Additionally, New Mexico recognizes NIED claims for bystanders in limited situations, typically requiring that the bystander is closely related to the victim who was directly harmed by the defendant's negligence. As with many states, the specifics of NIED claims in New Mexico are largely shaped by case law, so the outcomes can vary depending on the facts of each case and the interpretations of the courts. An attorney can provide guidance on the likelihood of success for an NIED claim based on the current legal landscape in New Mexico.