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 Rhode Island, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Rhode Island courts have allowed NIED claims where there is a showing of a physical injury or a risk of physical injury within the 'zone of danger.' This means that the claimant must have been in close proximity to the negligent act and at risk of immediate physical harm. Additionally, Rhode Island recognizes the claim for bystanders in limited situations, typically requiring the bystander to be a close relative of the victim and to have been present at the scene of the accident, with a resulting serious injury or death. The specifics of NIED claims in Rhode Island are largely governed by case law, and an attorney can provide guidance on the current state of the law and its application to individual circumstances.