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 Pennsylvania, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Pennsylvania law generally requires that a claimant demonstrate they were in the 'zone of danger' of physical harm and that the emotional distress resulted from a fear for their own safety. This means that the claimant must have been at risk of physical impact due to the defendant's negligence and that the emotional distress ensued from that risk. Additionally, Pennsylvania recognizes a cause of action for NIED for bystanders in limited situations, typically requiring the bystander to be a close relative who was present at the scene of the accident and who perceived the traumatic event with their own senses. The bystander must also prove that they suffered a physical manifestation of the emotional distress. It is important to note that the specifics of NIED claims can be complex and are often shaped by judicial decisions, so consulting with an attorney for current and detailed legal advice is advisable.