Negligent Infliction of Emotional Distress

Under Washington State laws, what are the elements for the tort of negligent infliction of emotional distress? Here's my point of view (NOTE: please read our DISCLAIMER before proceeding).

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS: THE ELEMENTS

In the state of Washington, "[a] plaintiff may recover for negligent infliction of emotional distress if she proves[:]

[(1)] duty,

[(2)] breach,

[(3)] proximate cause,

[(4)] damage, and

[(5)] 'objective symptomatology.'

Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 505, 325 P.3d 193 (Wash. 2014) (internal citations omitted) (paragraph formatting and hyperlink added).

OBJECTIVE SYMPTOMATOLOGY

"To maintain an action for negligent infliction of emotional distress … a plaintiff must … establish 'emotional distress … susceptible to medical diagnosis and proved through medical evidence.'" Id. at 506 (citing Hegel v. McMahon, 136 Wn.2d 122, 135, 960 P.2d 424 (1998)) (hyperlink added). This is also known as objective symptomatology.

LIMITATION: BALANCE OF RISK AGAINST UTILITY

The Washington State Supreme Court "has recognized that actions based on mental distress must be subject to limitation by the courts, and it has concluded that the proper limitation is a balance of risk against utility." Id. at 505 (referencing Snyder v. Med. Serv. Corp. of E. Wash., 145 Wn.2d 233, 244, 35 P.3d 1158 (2001). "Accordingly, in the negligent infliction of emotional distress context, … [the WA Supreme Court has] held that an employer's conduct is unreasonable when its risk outweighs its utility." Id. (hyperlink added).

WA STANDARD MORE LIBERAL THAN FEDERAL STANDARD

"Washington[ ] [has a] relatively liberal standard for stating a cognizable claim[.]" Id. at 506, 514 n.34 (referencing McCurry v. Chevy Chase Bank, FSB, 169 Wn.2d 96, 101-03, 233 P.3d 861 (2010) ("rejecting the more stringent federal standard for stating a claim")).

Learn More

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with either this author or Williams Law Group; please see our DISCLAIMER.

–gw