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 Tennessee, the tort of negligent infliction of emotional distress (NIED) is recognized, but it is subject to certain limitations and requirements. Tennessee law generally requires that a claimant demonstrate a physical injury or a physical manifestation of the emotional distress caused by the defendant's negligent conduct. However, Tennessee does recognize a 'stand-alone' NIED claim in the absence of physical injury under certain circumstances, such as when the emotional distress arises from a special duty owed by the defendant to the claimant or when the conduct causing the distress was particularly egregious. Additionally, Tennessee follows the 'zone of danger' rule, which allows recovery for emotional distress if the claimant was within the zone of danger of the physical threat and feared for their own safety. Bystander NIED claims in Tennessee are more limited; generally, a bystander must have a close personal relationship with the injured party, have been closely located to the event causing injury, and have personally observed or perceived the event. As with many areas of law, NIED claims in Tennessee are nuanced and fact-specific, and case law continues to evolve the parameters of such claims.