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 Washington State, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Washington courts have established that a plaintiff can bring an NIED claim if they can prove that the defendant's negligent conduct caused them emotional distress. However, the plaintiff must also demonstrate that the emotional distress is a reasonably foreseeable consequence of the defendant's negligence. Washington does not strictly require the plaintiff to have suffered a physical injury or to have been in the 'zone of danger' in order to recover for NIED, but the presence of a physical injury or being in the zone of danger can strengthen the claim. Additionally, Washington recognizes NIED claims for 'bystander' plaintiffs in certain situations, typically requiring that the bystander be closely related to the direct victim and that they were present at the scene of the incident and aware that the victim was being injured. As with many states, the specifics of NIED claims in Washington are largely shaped by state court opinions and can be complex, so consulting with an attorney for individual cases is advisable.