MBE Rules · Torts
NIED
The rule
Negligent infliction of emotional distress — plaintiff must be (1) in zone of danger AND suffer physical manifestation, OR (2) bystander witnessing harm to close family member (Dillon v. Legg — close relationship, presence at scene, sensory observation), OR (3) special relationship cases (mishandled corpses, false death telegrams).
In plain English
You can sue for emotional distress if you're almost hurt and show physical signs, see a family member get hurt, or have a special relationship like with a funeral home.
Worked example
The defendant crashes into a pole near the plaintiff, who later develops anxiety. The plaintiff can sue for emotional distress because they were nearly hit and have physical symptoms.
Memory hook
NIED: Danger, Distance, or Duty. You're hurt nearby, see family hurt, or trust breached.
The trap
Students think: any distress = claim. Wrong, because physical symptoms or specific scenarios needed. The actual test is zone of danger, bystander, or special relationship.
How examiners test it
The MBE loves: plaintiff sees accident from afar, claims NIED. Trap: students forget bystander must be close family and present at scene.
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