Negligent Infliction of Emotional Distress

Question 1

What are the types of Negligent Infliction of Emotional Distress

Answer 1

1) near miss cases
2) bystander cases
3) business relationship cases

Question 2

Near Miss Cases

Answer 2

The duty to avoid negligent infliction of emotional distress may be breached when the defendant creates a foreseeable risk of physical injury to the plaintiff. For the plaintiff to be successful, she must prove:

1) the plaintiff was within the zone of danger; and
2) the plaintiff suffered physical symptoms from the distress

Question 3

Zone of Danger (Near Miss)

Answer 3

The plaintiff will be considered in the zone of danger of the defendant’s negligent acts when the plaintiff is sufficiently close to the defendant such that they are subject to a high risk of physical impact

Question 4

Physical Symptoms (Near Miss)

Answer 4

Most courts require that the emotional distress caused by the defendant’s conduct manifest itself in physical symptoms - a severe shock to the nervous system that causes physical symptoms will satisfy this requirement

Question 5

Bystander Cases

Answer 5

A bystander outside the zone of danger of physical injury who sees the defendant negligently injuring others can recover damages for their own distress if:

1) the plaintiff and the person injured by the defendant are closely related (spouse, parent, child - no more); and
2) the plaintiff was present at the scene of the injury and personally observed or perceived the event

NOTE - most states have dropped the requirement of physical symptoms in this situation

Question 6

GA Negligent Infliction of Emotional Distress

Answer 6

GA does not permit recovery of mental distress damages by a bystander who witnesses injury to another, even if the bystander was within the zone of danger.

actionable mental distress must result from impact on, or conduct directed toward the plaintiff. (requires some injurious impact)

However, when a parent and child sustain a direct physical impact and physical injuries through another’s negligence, and the child dies as a result of such negligence, the parent may recover for serious emotional distress from witnessing the child’s suffering and death.

Question 7

Business Relationship Cases

Answer 7

A defendant may be liable for directly causing the plaintiff severe emotional distress when a duty arises from the relationship (typically commercial in nature) between the plaintiff and a defendant, such that the defendant’s negligence has great potential to cause emotional distress.

CASES
1) patient and medical lab
2) customer of funeral parlor

NOTE - most states drop the requirement of physical symptoms in this situation

NOTE - there must be a relationship between the plaintiff and defendant