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 Wyoming, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. Wyoming law requires that for a claim of NIED to be successful, the plaintiff must show that they have suffered a physical manifestation of the emotional distress. This means that the emotional distress experienced must result in some form of physical symptoms. Additionally, Wyoming follows the 'zone of danger' rule, which means that the plaintiff must have been within the zone of danger of the physical threat and fear for their own safety due to the defendant's negligent act. This rule limits recovery to those who were actually put in danger of physical harm by the defendant's negligence. Wyoming does not generally recognize NIED claims for bystanders who did not fear for their own safety. As with many states, the specifics of NIED claims in Wyoming are shaped by state court opinions, and the application of the law can vary based on the facts of each case. An attorney can provide guidance on the likelihood of success for an NIED claim based on the current Wyoming case law.