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 South Carolina, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. South Carolina law requires that a plaintiff claiming NIED must show either that they were within the 'zone of danger' of physical harm and fear for their own safety due to the defendant's negligence, or they must have witnessed or experienced a traumatic event caused by the defendant's negligence that resulted in emotional distress. Additionally, South Carolina courts have held that a physical manifestation of the emotional distress is often required to recover damages for NIED. This means that the emotional distress suffered must result in some form of physical ailment or injury. The state does not generally allow for recovery of NIED damages for bystanders who did not have a close personal relationship with the direct victim. As with many states, the specifics of NIED claims in South Carolina are largely governed by case law, and an attorney can provide guidance on the current state of the law and its application to specific circumstances.