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What is Negligent infliction of Emotional Distress?

 

A:

Negligent infliction of emotional distress (NIED) is a cause of action arising from the plaintiff’s involvement in an event, causing negligent injury to another person whom the plaintiff has a close personal relationship with.  To allege a cause of action for negligent infliction of emotional distress, the plaintiff must prove the following elements:

• The plaintiff must suffer a physical injury;
• The plaintiff’s physical injury must be caused by the psychological trauma;
• The plaintiff must be involved in some way in the event causing the negligent injury to another; and
• The plaintiff must have a close personal relationship to the directly injured person.




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