Negligent Infliction of Emotional Distress

Question 2

What is required for negligent trespass?

Answer 2

Must damage the property.

Question 3

What is “zone of danger” negligent infliction of emotional distress?

Answer 3

Zone of Danger. The plaintiff can recover for NIED if:
The defendant negligently caused a threat of physical impact;
The plaintiff was within the “zone of danger” of the threatened physical impact; AND
The threat of physical impact caused emotional distress.

Question 4

What is “bystander recovery” negligent infliction of emotional distress?

Answer 4

Bystander Recovery is one of the three ways (in addition to zone of danger recovery and special relationship (corpse or false medical diagnosis) recovery) a P can recover for NIED.

The plaintiff bystander can recover for NIED if:
1. The defendant negligently inflicted bodily injury to another;
2. The plaintiff is closely related to the person injured by the defendant;
3. The plaintiff was present at the scene of the injury; AND
being on the phone not enough, must be physicall present
4. The plaintiff personally observed the injury.
Don’t have to touch, just inflict emotional distress. SOME jurisdictions also require that the plaintiff manifest physical symptoms after witnessing the injury.

Question 5

What is “special relationship/corpse” negligent infliction of emotional distress?

Answer 5

The plaintiff can recover for NIED in certain circumstances where a pre-existing relationship exists between the defendant and plaintiff (e.g., doctor/patient). This commonly arises when:

1. The defendant negligently mishandles a corpse; OR
2. The defendant negligently provides false medical information (e.g., the plaintiff is told that she has terminal cancer when she is, in fact, perfectly healthy).