• 2006 - Negligent Infliction of Emotional Distressfor Plaintiff’s Own Safety
  • C-20.66
    • Emotional Distress
    • Negligence
    • Negligence
    • Tort Liability
  • To prove negligent infliction of emotional distress resulting from fear for the Plaintiff’s own safety, the Plaintiff must prove the following elements by the greater weight of the evidence:

     

    1. The Defendant negligently created an unreasonable risk of physical injury to the Plaintiff; and

     

    2. The Defendant’s negligence caused the Plaintiff to suffer emotional distress that resulted in bodily harm

     

    “Bodily harm” means physical impairment, physical pain, or long continued or recurring illness. Although matters like long continued headaches, nausea, or emotional disturbance, may qualify as bodily harm, non-recurring matters, harmless in themselves, like dizziness or vomiting, do not.

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    • Hougum v. Valley Memorial Homes, 1998 ND 23, 574 NW2d 812
    • Muchow v. Lindblad, 435 NW2d 918 (ND 1989)
    • Whetham v. Bismarck Hospital, 197 NW2d 768 (ND 1972)
  • Notes: For negligent infliction of emotional distress for severe fright or shock not involving unreasonable risk of physical injury, see Restatement (2d) of the Law of Torts § 436(1).