What is required for a duty to avoid negligent infliction of emotional distress to exist?

In the context of negligent infliction of emotional distress, establishing a duty often hinges on the existence of a special relationship between the plaintiff and the defendant. This recognizes that certain types of relationships, such as those involving family members, caregivers, or patients and physicians, warrant a heightened duty of care because of the reliance and emotional vulnerability present in those contexts.

Courts typically consider these special relationships as creating an obligation for the defendant to act with care to avoid causing emotional harm to the plaintiff. This standard reflects the understanding that some relationships inherently involve a close connection where emotional distress could reasonably be anticipated as a result of negligent conduct. Therefore, without this special relationship, the duty to avoid inflicting emotional distress might not be established, as a general duty to avoid causing emotional harm is not typically recognized outside of these scenarios.

Understanding this principle is essential for navigating claims of negligent infliction of emotional distress in tort law, especially in Georgia, where the requirements may slightly differ compared to other jurisdictions.