Negligent Infliction of Emotional Distress

Question 1

Requirements for Negligent Infliction of Emotional Distress

Answer 1

Plaintiff must be within zone of danger AND suffer physical symptoms from distress

EXCEPTION: if the defendant’s actions had a great likelihood of invoking emotional distress

Question 2

Negligence Infliction of Emotional Distress Upon Bystanders

Answer 2

Bystanders no within zone of danger can recover if:

See defendant negligently injuring another, there is a close relationship between bystander and victim AND was present and personally perceived for observed.

Question 3

Negligent Infliction of Emotional Distress and Special Relationships

Answer 3

Duty arises from relationship between defendant and plaintiff, such that defendant’s negligence has a great potential to cause emotional distress