What must a plaintiff demonstrate to recover for negligent infliction of emotional distress?

To recover for negligent infliction of emotional distress, a plaintiff must demonstrate that they were in the "zone of danger." This legal concept means that a plaintiff must show that they were in a situation where they were at risk of physical harm due to the defendant's negligent actions, which in turn caused them emotional distress.

Establishing being in the zone of danger serves to link the emotional distress to a legitimate fear of imminent harm, thereby creating a more tangible connection between the defendant's negligent conduct and the plaintiff's emotional suffering. This requirement helps to filter out cases that may involve mere speculative emotional distress that isn't tied to the threat of physical injury.

Other considerations in these cases typically involve determining whether the distress is intense and whether it was a foreseeable consequence of the defendant’s negligent behavior, but the foundational requirement is clearly being placed in that zone of danger.