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 Utah, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Utah law allows for NIED claims where the plaintiff can demonstrate that the defendant's negligent conduct caused them severe emotional distress. However, Utah courts typically require that the emotional distress be accompanied by some physical manifestation or that the plaintiff was within the 'zone of danger'—meaning they were at risk of physical harm due to the defendant's negligence. Additionally, Utah recognizes claims for 'bystander' NIED, where a close relative of a person who was physically injured or killed by the defendant's negligence suffers emotional distress upon witnessing the event. The specifics of NIED claims in Utah are largely governed by case law, and the requirements for such claims can be complex. Therefore, individuals considering an NIED claim in Utah should consult with an attorney to understand the current legal standards and how they may apply to their specific situation.