Negligent Infliction of Emotional Distress Flashcards
1
Q
How does an NIED get started?
A
a near miss case
2
Q
What does P have to show to prove NIED?
A
Negligence + was in zone of danger + physical symptoms of emotional distress
3
Q
What evidence do you need for NIED in VA?
A
Clear and convincing evidence that physical injuries were natural result of fright or shock caused by D negligence
4
Q
Does P have to be related to victim to recover for NIED?
A
Yes, parent/child/sibling
5
Q
Can you recover in VA if you were not in the zone of danger?
A
No
6
Q
Can you recover NIED from a business?
A
Yes if their careless performance by D produces emotional distress
Lab giving results of someone else
