What is Negligent Infliction of Emotional Distress in Utah?

NIED in Utah is where the reckless, careless, negligent conduct of the defendant was bad enough that it caused the person “severe” emotional distress.

Who Can Claim Negligent Infliction of Emotional Distress?

Direct Victim. The direct victim who was physically hurt and who incurs severe emotional distress can claim money damages for NIED.

Bystander Victim. A bystander who literally witnessed another person getting hurt but was not hurt themselves may recover money damages under NIED. The bystander must be in a special, legally defined, “Zone of Danger” to recover.

Zone of Danger is defined as being in such close proximity to a threat of harm created by the at-fault party’s negligent conduct that the bystander is placed in actual physical peril. See Utah Jury Instruction 1507.

What is Severe Emotional Distress for Utah NIED?

What constitutes emotional distress is generally for the jury to determine. What constitutes sufficient emotional distress sometimes is screened by the judge first on a motion for party summary judgement.

Emotional distress may include such things as mental suffering, mental anguish, mental or nervous shock, or highly unpleasant reactions, such as fright, horror, grief, or shame. However, you can award damages for emotional distress only when the distress is severe or extreme.

Practically Speaking. If you claim severe emotional distress and the jury doesn’t believe you it can bleed over into your more important injury claims. Bottom line is that you don’t want weak claims anchoring down your best claims. If your NIED is serious, bring it, but you should consider leaving it out if not well documented.

What Proofs Constitute Severe Emotional Distress?

If you bring a money damages claim for severe emotional distress you better have a track record of counseling and therapy records. Along with solid expert testimony from your therapist, psychologist or psychiatrist diagnosing the severe emotional injuries.

Infliction of Emotional Distress– Negligent. In order to prevail on a claim for negligent infliction of emotional distress, the injured plaintiff must show the following:

(1). the defendant unintentionally caused emotional distress to the plaintiff;
(2). the defendant should have realized that his conduct involved an unreasonable risk of causing the distress, otherwise than by knowledge of the harm or peril of a third person;
(3). the defendant, from facts known to him, should have realized that the distress, if it were caused, might result in illness or bodily harm; and
(4). the emotional distress resulted in illness or bodily harm to the plaintiff. See Anderson Dev. Co. v. Tobias, 2005 UT 36, ¶ 57, 116 P.3d 323. See Candelaria v. CB Richard Ellis, 2014 UT App 1, ¶ 9, 319 P.3d 708, 710–11

CALL/TXT UTAH CAR ACCIDENT PERSONAL INJURY ATTORNEY JAKE GUNTER (801) 373-6345 FOR A FREE CONSULT

Utah Jury Instruction CV1505 states the elements used in jury trials.

CV1505 Negligent infliction of emotional distress-Direct victim.

In order to recover for negligent infliction of emotional distress, Plaintiff must prove all of the following:

(1). Defendant engaged in conduct that they should have realized involved an unreasonable risk of causing emotional distress to others;

(2). Defendant should have realized that their conduct could cause the sort of emotional distress that might result in illness or bodily harm; and

(3). Defendant’s conduct unintentionally caused Plaintiff to sustain severe emotional distress, characterized by illness or bodily harm.

CV1506 Negligent infliction of emotional distress-Bystander

In order to recover for negligent infliction of emotional distress, plaintiff must prove all of the following:

(1). Defendant engaged in conduct that they should have realized involved an unreasonable risk of causing emotional distress to others,
(2). Defendant should have realized that their conduct could cause the sort of emotional distress that might result in illness or bodily harm;
(3). Defendant’s conduct unintentionally caused actual physical harm to a third party;
(4). Plaintiff actually witnessed the third party sustain physical harm;
(5). Plaintiff was within the zone of danger; and
(6). Defendant’s conduct caused plaintiff bystander to sustain severe emotional distress, characterized by illness or bodily harm.

CV1507 Definition of “zone of danger.”

To be within the “zone of danger,” [name of plaintiff] must be in such close proximity to a threat of harm created by [name of defendant]’s negligent conduct that [he/she] is placed in actual physical peril.

CV1503 Severe or extreme emotional distress.

Emotional distress may include such things as mental suffering, mental anguish, mental or nervous shock, or highly unpleasant reactions, such as fright, horror, grief, or shame. However, you can award damages for emotional distress only when the distress is severe or extreme.

In determining the severity of distress, you may consider the intensity and duration of the distress, observable behavioral or physical symptoms, and the nature of [name of defendant]’s conduct. [It is possible to have severe and extreme emotional distress without observable behavioral or physical symptoms.}