Negligent Infliction of Emotional Distress

Question 1

Elements for Direct Claims for NIED

Answer 1

1. Plaintiff was in the zone of danager
2. Plaintiff suffers emotional distress and some accompanying physical manifestation of the emotional distress.

Question 2

Two Exceptions to the zone of danger and physical manifestation requirements

Answer 2

1. if the defendant negligently transmits a telegram announcing the death of a loved one; and
2. if the defendant negligently mishandles a corpse

Question 3

Minority Rule for recovery for NIED

Answer 3

if defendant has a preexisting duty to plaintiff, plaintiff may recover for negligent infliction of emotional distress

Question 4

Elements for Bystander Actions for NIED

Answer 4

1. Plaintiff is present at the scene and witnesses the event;
2. Plaintiff is a close relative of the third party/victim; and
3. Plaintiff suffers severe emotional distress due to witnessing event.