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 Vermont, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. Vermont law allows for a claim of NIED if the plaintiff can demonstrate that the defendant's negligent conduct caused them to suffer severe emotional distress. Vermont courts have adopted the 'foreseeability' standard, which means that the emotional distress must be a foreseeable result of the defendant's negligent actions. Additionally, Vermont recognizes the 'zone of danger' rule, which allows a person to recover for NIED if they were in the immediate area of risk created by the defendant's negligence and suffered emotional distress as a result of a fear for their own safety. However, Vermont does not generally allow for bystander NIED claims unless the bystander has a close relationship with the victim, was present at the scene of the accident, and personally observed the accident. As with many states, the specifics of NIED claims in Vermont are largely shaped by case law rather than statutory law, and an attorney can provide guidance on the current state of the law and its application to specific circumstances.