MBE Rules · Torts
Direct-Victim NIED
Direct-victim NIED
The rule
Where the defendant's duty runs directly to the plaintiff — physician misdiagnosis affecting a spouse, mishandling a corpse, false death notification — emotional-distress damages are recoverable without physical injury or bystander limits.
In plain English
Direct-Victim Negligent Infliction of Emotional Distress (NIED) allows a plaintiff to recover damages for emotional distress caused by a defendant's negligent actions, even without physical injury. This applies when the defendant's duty is directly owed to the plaintiff, such as in cases involving medical misdiagnosis or mishandling of a corpse.
Worked example
A woman learns that her husband has been misdiagnosed with a terminal illness due to her doctor's negligence. After months of emotional turmoil, she discovers the diagnosis was incorrect. She can sue the doctor for emotional distress damages, as the duty was owed directly to her.
Memory hook
Direct duty means direct distress: no injury needed!
The trap
Exams may present scenarios where the duty owed is ambiguous, leading students to mistakenly apply bystander rules instead of recognizing direct duty. Students might also overlook the emotional impact when physical injury is absent.
How examiners test it
Questions often involve fact patterns where a plaintiff suffers emotional distress due to a direct relationship with the defendant, testing the boundaries of what constitutes a direct duty.
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