Negligence: Negligent Infliction of Emotional Distress

Question 1

Negligent Infliction of Emotional Distress Elements

Answer 1

(1) subjects P to threat of physical impact or severe emotional distress likely to cause physical symptoms
(2) negligence in creating risk of physical injury to P
(3) D’s conduct generally must cause physical symptoms from the distress

BYSTANDERS: bystander must be closely related to the injured person, be present at the scene AND observe or perceive the injury

Question 2

Compare NIED with Intentional Infliction of Emotional Distress Elements

Answer 2

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(1) Extreme and outrageous conduct by D
(2) Intent or recklessness
(3) D’s conduct must cause severe emotional distress

BYSTANDERS: bystander must be present when injury occurs and a close relative of the injured person and D must know these facts when he intentionally injures the other person.