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Negligent Infliction of Emotional Distress

Description: Test your knowledge on the legal concept of Negligent Infliction of Emotional Distress (NIED) with this comprehensive quiz. Assess your understanding of the elements, defenses, and key principles associated with NIED claims.
Number of Questions: 15
Created by:
Tags: tort law negligence emotional distress
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What is the primary element required to establish a claim for Negligent Infliction of Emotional Distress (NIED)?

  1. Physical injury

  2. Intentional infliction of emotional distress

  3. Negligent conduct causing emotional distress

  4. Breach of contract

Show answer
Correct Option: C
Explanation:

In NIED claims, the plaintiff must demonstrate that the defendant's negligent actions or omissions directly caused the emotional distress suffered.

Which of the following is NOT a recognized type of Negligent Infliction of Emotional Distress (NIED)?

  1. Bystander NIED

  2. Direct Victim NIED

  3. Zone of Danger NIED

  4. Negligent Misrepresentation NIED

Show answer
Correct Option: D
Explanation:

Negligent Misrepresentation NIED is not a recognized type of NIED. The other options are valid categories of NIED claims.

In a Bystander NIED claim, the plaintiff must establish that:

  1. They witnessed the defendant's negligent conduct.

  2. They were in the zone of danger created by the defendant's negligence.

  3. They suffered severe emotional distress as a result of witnessing the defendant's negligence.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

In Bystander NIED claims, the plaintiff must satisfy all three elements: witnessing the defendant's negligence, being in the zone of danger, and suffering severe emotional distress.

What is the legal term for the area of potential harm created by a defendant's negligent conduct?

  1. Zone of Danger

  2. Area of Risk

  3. Danger Zone

  4. Zone of Impact

Show answer
Correct Option: A
Explanation:

The legal term for the area of potential harm created by a defendant's negligent conduct is 'Zone of Danger'.

In Direct Victim NIED claims, the plaintiff must demonstrate that:

  1. They were directly impacted by the defendant's negligent conduct.

  2. They suffered physical injuries as a result of the defendant's negligence.

  3. They experienced severe emotional distress as a direct consequence of the defendant's negligence.

  4. Both A and C.

Show answer
Correct Option: D
Explanation:

In Direct Victim NIED claims, the plaintiff must establish both direct impact by the defendant's negligence and severe emotional distress as a direct result of that negligence.

Which of the following is NOT a valid defense to a Negligent Infliction of Emotional Distress (NIED) claim?

  1. Lack of duty of care

  2. Contributory negligence

  3. Assumption of risk

  4. Statute of limitations

Show answer
Correct Option: D
Explanation:

Statute of limitations is not a valid defense to an NIED claim. The other options are recognized defenses.

What is the legal principle that limits the defendant's liability for emotional distress caused by their negligent conduct?

  1. Eggshell Skull Rule

  2. Thin Skull Rule

  3. Eggshell Plaintiff Rule

  4. Thin Plaintiff Rule

Show answer
Correct Option: B
Explanation:

The Thin Skull Rule is the legal principle that limits the defendant's liability for emotional distress caused by their negligent conduct to the extent of the plaintiff's actual susceptibility to harm.

In which state was the landmark case Tarasoff v. Regents of the University of California decided?

  1. California

  2. New York

  3. Texas

  4. Florida

Show answer
Correct Option: A
Explanation:

Tarasoff v. Regents of the University of California was a landmark case decided in California that established the duty of mental health professionals to warn potential victims of a patient's threats of violence.

What is the legal term for the emotional distress suffered by a plaintiff as a result of witnessing the injury or death of a loved one?

  1. Wrongful Death

  2. Loss of Consortium

  3. Bystander NIED

  4. Negligent Homicide

Show answer
Correct Option: C
Explanation:

Bystander NIED is the legal term for the emotional distress suffered by a plaintiff as a result of witnessing the injury or death of a loved one.

Which of the following is NOT an element of a Negligent Infliction of Emotional Distress (NIED) claim?

  1. Negligent conduct by the defendant

  2. Causation between the defendant's conduct and the plaintiff's emotional distress

  3. Severe emotional distress suffered by the plaintiff

  4. Physical injury to the plaintiff

Show answer
Correct Option: D
Explanation:

Physical injury to the plaintiff is not an element of a Negligent Infliction of Emotional Distress (NIED) claim.

What is the legal term for the emotional distress suffered by a plaintiff as a result of learning about the injury or death of a loved one?

  1. Wrongful Death

  2. Loss of Consortium

  3. Negligent Infliction of Emotional Distress (NIED)

  4. Delayed Emotional Distress

Show answer
Correct Option: D
Explanation:

Delayed Emotional Distress is the legal term for the emotional distress suffered by a plaintiff as a result of learning about the injury or death of a loved one.

Which of the following is NOT a recognized defense to a Negligent Infliction of Emotional Distress (NIED) claim?

  1. Lack of duty of care

  2. Assumption of risk

  3. Contributory negligence

  4. Statute of frauds

Show answer
Correct Option: D
Explanation:

Statute of frauds is not a recognized defense to a Negligent Infliction of Emotional Distress (NIED) claim.

In which state was the landmark case Jaffee v. Redmond decided?

  1. California

  2. New York

  3. Washington

  4. Texas

Show answer
Correct Option: C
Explanation:

Jaffee v. Redmond was a landmark case decided in Washington that established the duty of care owed by mental health professionals to their patients.

What is the legal term for the emotional distress suffered by a plaintiff as a result of the defendant's intentional infliction of emotional distress?

  1. Intentional Infliction of Emotional Distress (IIED)

  2. Negligent Infliction of Emotional Distress (NIED)

  3. Wrongful Death

  4. Loss of Consortium

Show answer
Correct Option: A
Explanation:

Intentional Infliction of Emotional Distress (IIED) is the legal term for the emotional distress suffered by a plaintiff as a result of the defendant's intentional infliction of emotional distress.

Which of the following is NOT an element of a Negligent Infliction of Emotional Distress (NIED) claim?

  1. Negligent conduct by the defendant

  2. Causation between the defendant's conduct and the plaintiff's emotional distress

  3. Severe emotional distress suffered by the plaintiff

  4. Physical injury to the plaintiff

Show answer
Correct Option: D
Explanation:

Physical injury to the plaintiff is not an element of a Negligent Infliction of Emotional Distress (NIED) claim.

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