Negligent infliction of emotional distress, also known as negligent emotional distress or emotional distress, is a type of legal claim that allows a person to seek damages for emotional suffering caused by the negligence of another person. In the state of Missouri, there are several factors that must be present in order for a person to successfully bring a claim for negligent infliction of emotional distress.
First, the person bringing the claim must have suffered some form of emotional distress as a result of the defendant's negligence. This could include symptoms such as anxiety, depression, or post-traumatic stress disorder.
Second, the emotional distress must be severe. In Missouri, courts have generally held that severe emotional distress means emotional distress that is severe enough to meet the standard for a diagnosis of a recognized psychiatric illness.
Third, there must be a causal connection between the defendant's negligence and the plaintiff's emotional distress. This means that the plaintiff must be able to show that the defendant's actions or failure to act caused the emotional distress.
Fourth, the plaintiff's emotional distress must be foreseeable. In other words, a reasonable person in the defendant's position should have been able to anticipate that their actions or failure to act could cause emotional distress to the plaintiff.
There are a few exceptions to the general rules for negligent infliction of emotional distress in Missouri. For example, the "bystander rule" allows a person to bring a claim for emotional distress even if they were not the direct victim of the defendant's negligence, as long as they were a close bystander to the event and suffered emotional distress as a result.
In addition to the general rules for negligent infliction of emotional distress, Missouri also recognizes a separate cause of action called "intentional infliction of emotional distress." This type of claim allows a person to seek damages for extreme and outrageous conduct that is intended to cause, or recklessly disregards the risk of causing, severe emotional distress.
To bring a claim for intentional infliction of emotional distress in Missouri, the plaintiff must be able to show that the defendant's conduct was extreme and outrageous, that the conduct was intended to cause or recklessly disregarded the risk of causing severe emotional distress, and that the conduct actually caused severe emotional distress.
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