What Is 'Negligent Infliction Of Emotional Distress' Under Tort Law

5296 views • Jul 25, 2017

Negligent infliction of emotional distress is also known as parasitic damages. There are many ways in which it can arise. Generally in California, one can recover for negligent infliction of emotional distress in different types of fact patterns. Including a funeral home who wrongfully disposes of a body or does something to a body of a family member that it shouldn't have done, or buries the wrong body, or incinerates a body they weren't supposed to incinerate. It could be caused in a situation where a parent or family member sees one of their children being hurt by the negligence of another or perceives that injury not necessarily seeing it. So necessarily under this theory, a blind person can recover for negligent infliction of emotional distress caused by a tortfeasor to one of their loved ones if that blind person perceived the injury causing event while it was occurring. It's a sort of negligent damage that you can tack onto other negligence claims that you might have called parasitic damages. NIED