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 Oklahoma, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Oklahoma law typically requires that a plaintiff claiming NIED demonstrate that they have suffered a physical injury as a result of the defendant's negligence or that they were in the 'zone of danger'—meaning they were at risk of physical harm due to the defendant's actions. Additionally, Oklahoma courts have allowed for NIED claims in cases where the plaintiff had a close personal relationship with a victim who was injured or killed by the defendant's negligence, and the plaintiff was a direct witness to the event. This aligns with the 'bystander' theory of NIED, which is more restrictive than states like California that have broader recognition of NIED claims. It is important to consult with an attorney to understand the specific requirements and limitations of NIED claims in Oklahoma, as these are nuanced and fact-specific.