Section 3 Negligent Infliction of Emotional Distress

• Library: Damages 2012

The elements of negligent infliction of emotional distress include the elements of a general negligence action: “1) a legal duty of the defendant to protect the plaintiff from injury, 2) breach of the duty, 3) proximate cause, and 4) injury to the plaintiff,” plus two additional elements:

1 The defendant realized or should have realized that his conduct involved an unreasonable risk of causing emotional...