Negligent infliction of emotional distress - sustany/dvg GitHub Wiki

Negligent infliction of emotional distress (NEID) is a tort, defined as emotional distress caused by negligent action. States differ greatly as to when they allow a cause of action for NEID and exactly how damages are calculated, unlike intentional infliction of emotional distress (IIED).�

States mostly fall into three categories on how they allow NEID claims:�

• Most states allow NEID claims when the defendant�s actions were reasonably foreseeable to cause the emotional distress.
• Some states only allow for an NEID claim when nearly missing physical harm and fearing such harm, termed being in a zone of danger.
  • For example,�if someone assaulted a server, anyone sitting by the server could be in the zone of danger as they may have thought they were also going to be assaulted.
• A few states require at least some physical injury to the plaintiff in order for NEID to be claimed at all.