What is the test for a plaintiff to bring a claim for negligent infliction of emotional distress?
MultiRegion, United States of America
The following excerpt is from Nordstrom v. U.S. Bank, N.A., Inc., CASE NO. 11-CV-1554 BEN (KSC) (S.D. Cal. 2012):
To successfully state a claim for negligent infliction of emotional distress, a plaintiff must allege that: (1) the defendant engaged in negligent conduct; (2) the plaintiff suffered serious emotional distress; and (3) the defendant's negligent conduct was a substantial factor in causing the plaintiff's emotional distress. Burgess v. Super. Ct., 2 Cal. 4th 1064, 1072 (1992).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law that supports a plaintiff's claim for intentional and negligent infliction of emotional distress? (MultiRegion, United States of America)
Is there a difference between a plaintiff's claim for negligent infliction of emotional distress and breach of duty of care against a Health and Social Justice Commissioner (FJC) for her injuries? (MultiRegion, United States of America)
What is the test for a claim for negligent infliction of emotional distress for injuries inflicted upon a third person? (MultiRegion, United States of America)
What is the test for a plaintiff to bring a claim for emotional distress? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
What is the test for a claim of negligent infliction of emotional distress? (MultiRegion, United States of America)
Can a plaintiff recover emotional distress as part of a claim of negligence? (MultiRegion, United States of America)
Can a plaintiff who was not present at the accident scene recover emotional distress damages for emotional distress they suffered when they later arrived at the scene? (MultiRegion, United States of America)
Can a plaintiff recover damages for reckless infliction of severe emotional distress? (MultiRegion, United States of America)
Can a plaintiff bring a claim against the government arising out of negligent as well as intentional misrepresentation? (MultiRegion, United States of America)
