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 Ohio, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Ohio law allows for NIED claims both for plaintiffs who have directly suffered emotional distress due to another's negligence and for bystanders in specific situations. For direct victims, Ohio requires that the emotional distress arise from a physical injury or threat of physical injury due to the defendant's negligence. Bystander NIED claims in Ohio are more restrictive; the bystander must have a close familial relationship with the injured party, have been present at the scene of the accident, and have directly perceived the event that caused the injury. The emotional distress must be both serious and reasonably foreseeable by the defendant. Ohio's NIED claims are primarily guided by case law rather than specific statutes, meaning that judicial decisions from Ohio courts shape the application and development of the law in this area.