Negligence - Claims for mental distress not arising from physical harm

Learning Outcomes

After reading this article, you will be able to identify when a plaintiff may recover for mental distress in negligence without accompanying physical harm, distinguish the main categories of Negligent Infliction of Emotional Distress (NIED), apply the rules for bystander claims, and recognize the limits and requirements for such claims on the MBE.

MBE Syllabus

For MBE, you are required to understand the circumstances in which a plaintiff can recover for mental distress in negligence actions, even where there is no physical injury. You should be able to:

  • Recognize the general rule barring recovery for pure emotional harm in negligence.
  • Identify the main exceptions: zone of danger, bystander claims, and special relationships.
  • Apply the requirements for Negligent Infliction of Emotional Distress (NIED).
  • Distinguish between direct and bystander NIED claims.
  • Understand the need for physical symptoms in most jurisdictions.
  • Spot the limits of recovery and common MBE traps.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. In a negligence action, when can a plaintiff recover for emotional distress without any physical injury?
    1. Whenever the defendant acted unreasonably.
    2. Only if the plaintiff was in the zone of danger or meets a recognized exception.
    3. Whenever the plaintiff suffered severe distress.
    4. Only if the defendant intended to cause distress.
  2. Which of the following is generally required for a bystander to recover for NIED?
    1. The bystander must be a stranger to the victim.
    2. The bystander must be present at the scene and closely related to the victim.
    3. The bystander must have suffered property damage.
    4. The bystander must have signed a waiver.
  3. Most jurisdictions require what for a plaintiff to recover for NIED?
    1. Proof of physical symptoms resulting from the distress.
    2. Proof that the defendant acted intentionally.
    3. Proof of property loss.
    4. Proof of a contractual relationship.

Introduction

Negligence claims for mental distress not arising from physical harm—often called "pure emotional harm"—are strictly limited in tort law. The general rule is that a plaintiff cannot recover for emotional distress alone in negligence. However, there are important exceptions tested on the MBE, most notably Negligent Infliction of Emotional Distress (NIED), bystander claims, and certain special relationships.

Key Term: Negligent Infliction of Emotional Distress (NIED) A claim in negligence allowing recovery for emotional distress, even without physical injury, if strict requirements are met.

General Rule: No Recovery for Pure Emotional Harm

In negligence, damages are usually limited to physical injury or property damage. Courts are reluctant to allow claims for emotional distress alone due to concerns about unlimited liability and fraudulent claims.

Key Term: Pure Emotional Harm Emotional distress suffered by a plaintiff without any accompanying physical injury or property damage.

Exceptions: When Recovery Is Allowed

There are three main exceptions where a plaintiff may recover for mental distress not arising from physical harm:

1. Zone of Danger Rule

A plaintiff may recover for NIED if the defendant’s negligence placed the plaintiff in immediate risk of physical harm, even if no actual injury occurred, and the plaintiff suffered severe emotional distress as a result.

Key Term: Zone of Danger The area within which a plaintiff was at immediate risk of physical injury due to the defendant’s negligence.

  • Most jurisdictions require the plaintiff to show physical symptoms resulting from the emotional distress.

2. Bystander Recovery

A bystander who witnesses injury to another may recover for NIED if:

  • The bystander is closely related to the victim (e.g., spouse, parent, child).
  • The bystander was present at the scene and observed the injury as it occurred.
  • The bystander suffered severe emotional distress (and, in most states, physical symptoms).

Key Term: Bystander NIED A claim for emotional distress by a person who witnesses injury to a close relative due to the defendant’s negligence.

Key Term: Physical Symptom Requirement The requirement that a plaintiff show objective physical symptoms of emotional distress to recover for NIED in most jurisdictions.

3. Special Relationships and Other Exceptions

Some relationships create a duty to avoid causing emotional distress, even without physical harm. Examples include:

  • Mishandling of a corpse.
  • Negligent transmission of a death notification.
  • Certain relationships where emotional distress is highly foreseeable (e.g., doctor-patient in diagnosis cases).

Requirements for NIED Claims

To recover for NIED, most jurisdictions require:

  • The plaintiff was in the zone of danger of physical harm, or qualifies as a bystander under the rules above.
  • The plaintiff suffered severe emotional distress.
  • The distress resulted in physical symptoms (unless the jurisdiction has abolished this requirement or the case falls within a special exception).

Worked Example 1.1

A driver negligently runs a red light and nearly hits a pedestrian, stopping just in time. The pedestrian, though uninjured, suffers insomnia and stomach pain from the shock.

Answer: The pedestrian may recover for NIED if she was in the zone of danger and can show physical symptoms resulting from the distress, as most jurisdictions require.

Worked Example 1.2

A mother witnesses her child being struck by a car while crossing the street. She is present at the scene and suffers severe emotional distress, resulting in migraines.

Answer: The mother may recover for NIED as a bystander if she is closely related to the victim, present at the scene, and suffers physical symptoms from the distress.

Exam Warning

On the MBE, do not assume that every witness to an accident can recover for NIED. The bystander must be closely related to the victim, present at the scene, and most jurisdictions require physical symptoms.

Limits and Policy Reasons

Courts limit NIED claims to prevent unlimited liability and fraudulent claims. The requirements of zone of danger, close relationship, presence, and physical symptoms are strictly enforced unless a clear exception applies.

Revision Tip

Always check if the plaintiff was in immediate risk of physical harm or meets the bystander requirements. If not, NIED recovery is unlikely.

Key Point Checklist

This article has covered the following key knowledge points:

  • Recovery for pure emotional harm in negligence is generally barred.
  • NIED is allowed if the plaintiff was in the zone of danger and suffered physical symptoms.
  • Bystander NIED requires a close relationship, presence at the scene, and physical symptoms.
  • Special relationships (e.g., mishandling a corpse) may allow recovery for emotional distress.
  • Most jurisdictions require physical symptoms of distress for NIED.
  • Policy limits exist to prevent unlimited liability and fraud.

Key Terms and Concepts

  • Negligent Infliction of Emotional Distress (NIED)
  • Pure Emotional Harm
  • Zone of Danger
  • Bystander NIED
  • Physical Symptom Requirement
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