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 Oregon, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Oregon law allows for a claim of NIED when there is a physical impact to the plaintiff or, in the absence of physical impact, if the emotional distress arises from being within the 'zone of danger' of the negligent conduct, meaning the plaintiff was at risk of physical harm due to the defendant's negligence. Additionally, Oregon recognizes NIED claims for 'bystander' plaintiffs in cases where the plaintiff witnesses the serious injury or death of a family member, provided that there is a close relationship between the plaintiff and the victim, the harm to the victim was caused by the defendant's negligence, and the plaintiff's emotional distress is a foreseeable result of the negligence. The specifics of each case can be complex, and the application of NIED claims can vary based on the facts and circumstances, as well as evolving case law. An attorney can provide guidance on the current state of the law and its applicability to individual situations.