What is negligent emotional distress?
This tort occurs when a party through his actions negligently creates a state of severe mental or emotional distress within another person. The Impact Rule stated at common law, a Plaintiff must suffer physical contact by DefendantÔøs negligence to recover for mental distress. However a MINORITY of jurisdictions affirm the Zone of Danger analysis. In the Zone of Danger analysis: modified to allow recovery for P in physical zone of danger who showed a physical manifestation of emotional distressÔømust be sufficiently severe to cause physical symptoms of the distress. For example, physical symptoms could include: miscarriage, heart attack, stomach trouble, loss of weight Also, a Plaintiff Can recover for near misses because the Risk of physical impact included. A Plaintiff does not have to suffer physical impact to recover for emotional distress if there is a definite and objective physical injury produced as a result of the emotional distress. However, in special casesÔøcourts allow rec
