Under what condition can emotional distress be included in a negligence claim?

In Georgia, emotional distress can be included in a negligence claim when it is accompanied by a physical injury. This principle stems from the idea that emotional distress resulting from negligence is more readily accepted by courts if there is a tangible physical harm involved. The rationale behind this requirement is to ensure that claims for emotional distress are not overly broad or easily manipulated, allowing for a clearer connection between the negligent act and the emotional suffering.

In cases without accompanying physical injury, courts are typically more hesitant to recognize purely emotional distress claims, as they can be difficult to measure and prove. This restriction helps maintain a balance in tort law, ensuring that claims are based on concrete evidence rather than subjective experiences alone.

In summary, including emotional distress in a negligence claim is viable in Georgia when there is evidence of a physical injury resulting from the defendant's actions, reinforcing the need for a nexus between the negligence and the harm experienced.