Negligent Infliction of Emotional Distress Flashcards
1
Q
Tip:
A
Keep in mind that actions for infliction of emotional distress are not the only means of recovering damages for emotional distress. If physical injury has been caused by commission of a tort, P can “tack on” damages for emotional distress as a “parasitic” element of their physical injury damages, without the need to consider the elements of the emotional distress torts.
2
Q
Near Miss Cases
A
- The duty to avoid NIED may be breached when D creates a foreseeable risk of physical injury to P.
- P must meet 2 requirements:
(1) P must be within the “zone of danger”
(2) P must suffer physical symptoms from the distress
3
Q
NMC: Plaintiff Must be Within the Zone of Danger
A
- P is sufficiently close to D such that they are subject to a high risk of a physical impact.
4
Q
NMC: Plaintiff Must Suffer Physical Symptoms from the Distress
A
- In a near miss case, most cts require that the emotional distress caused by D’s conduct manifest itself in physical symptoms (note that severe shock to the nervous system that causes physical symptoms will satisfy this
requirement).
5
Q
Bystander Cases
A
- A bystander outside the “ZOD” of physical injury who sees D negligently injuring another can recover damages for their own distress if:
(1) P & person injured by D are closely related
(2) P was present at the scene of the injury & personally observed/perceived the event - Most states drop the requirement of physical symptoms in this situation
6
Q
Special Relationship Between P & D
A
- D may be liable for directly causing the P severe emotional distress when a duty arises from the relationship (typically commercial in nature) between the
P and a D, such that D’s negligence has great potential to cause emotional distress (ex. doctor’s misdiagnosis that patient has terminal illness; mortuary’s negligent cremation of deceased contrary to family’s instructions). - Most states drop the requirement of
physical symptoms in this situation as well.
