How To Prove A Tennessee Negligent Infliction of Emotional Distress Claim
In Tennessee, a claim of Negligent Infliction of Emotional Distress is defined as:
Negligent infliction of emotional distress is a common law tort that allows individuals to recover for severe emotional distress caused by another who recklessly inflicted psychological distress.
It simply means:
A party caused another psychological suffering.
There are 5 elements of the claim:
- Element 1. The defendant was negligent. The defendant was careless or failed to act responsibly in a situation, which led to causing emotional harm to another person, showing that their actions or inactions were not what a reasonable person would have done.
Facts that might support this element look like:
* The defendant failed to maintain a safe environment, resulting in hazardous conditions that could have been easily remedied.
* The defendant ignored multiple complaints from employees about unsafe practices, demonstrating a disregard for their well-being.
* The defendant was aware of the potential for emotional distress but chose not to take appropriate action to prevent it.
* The defendant’s actions directly led to a traumatic incident that caused significant emotional harm to the plaintiff.
* The defendant did not follow established safety protocols, which are designed to protect individuals from foreseeable harm. - Element 2. The defendant’s negligence caused the actual or apparent death or serious physical injury of another. This means that the defendant acted carelessly in a way that led to someone else being seriously hurt or appearing to be dead, which is a key part of proving that their actions caused emotional distress to another person.
Facts that might support this element look like:
* The defendant was driving at an excessive speed in a residential area when they struck the victim, causing severe injuries.
* The defendant failed to stop at a red light, resulting in a collision that left the victim with life-threatening injuries.
* The defendant ignored multiple warning signs indicating hazardous conditions, leading to an accident that seriously injured another person.
* The defendant was distracted by their phone while driving, which directly caused them to collide with the victim’s vehicle.
* The defendant’s failure to maintain their property resulted in a dangerous condition that caused a serious injury to a visitor. - Element 3. The plaintiff had a close and intimate personal relationship with the deceased or injured person. In a claim for emotional distress due to someone else’s negligence, the person making the claim must show they had a close and personal relationship with the person who was harmed or died, highlighting the emotional impact of the incident on their life.
Facts that might support this element look like:
* The plaintiff and the deceased shared a lifelong bond, having been best friends since childhood.
* The plaintiff was the primary caregiver for the deceased during their illness, demonstrating a deep emotional connection.
* The plaintiff and the deceased frequently spent holidays and special occasions together, reinforcing their close relationship.
* The plaintiff and the deceased communicated daily, sharing personal thoughts and feelings, which highlights their intimacy.
* The plaintiff was present at the deceased’s significant life events, including their wedding and the birth of their children, showcasing their close ties. - Element 4. The plaintiff observed the actual or apparent death or serious physical injury at the scene of the accident before the scene was materially altered. The plaintiff must have seen someone who was seriously hurt or appeared to be dead at the accident scene before anything significant changed at that location, which helps support their claim of emotional distress caused by witnessing the traumatic event.
Facts that might support this element look like:
* The plaintiff was present at the accident scene and witnessed the victim lying motionless on the ground.
* The plaintiff saw emergency responders attempting to revive the victim, indicating serious physical injury.
* The plaintiff heard the victim’s cries for help before the arrival of medical personnel.
* The plaintiff observed the victim’s blood on the pavement, signifying a severe injury.
* The scene remained unchanged until after the plaintiff had left, allowing for a clear observation of the incident. - Element 5. The plaintiff suffered serious or severe emotional injury caused by observing the death or injury. The plaintiff experienced deep emotional pain after witnessing someone else get seriously hurt or killed, which is a key part of proving their claim for Negligent Infliction of Emotional Distress.
Facts that might support this element look like:
* The plaintiff witnessed a horrific car accident where a close friend was fatally injured, leading to immediate and intense feelings of panic and despair.
* After observing the traumatic event, the plaintiff experienced persistent nightmares and flashbacks related to the incident, significantly disrupting their daily life.
* The plaintiff sought therapy for severe anxiety and depression that developed after witnessing the injury of a loved one in a violent altercation.
* Following the incident, the plaintiff reported feeling emotionally numb and detached from reality, impacting their ability to maintain personal relationships.
* The plaintiff experienced physical symptoms, such as insomnia and panic attacks, directly linked to the emotional distress caused by witnessing the traumatic event.
(See Eskin v. Bartee, 262 SW 3d 727 – Tenn: Supreme Court 2008.)
If you’re representing yourself in court and plan to assert a Claim of Negligent Infliction of Emotional Distress, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal landscape effectively.
Prove Your TN Negligent Infliction of Emotional Distress Claim
U.S. Civil Cases Only