What is an essential requirement for claims of negligent infliction of emotional distress in New York?

The correct requirement for claims of negligent infliction of emotional distress in New York is that the plaintiff must have witnessed the injury and be in the zone of danger. This principle stems from the recognition that emotional distress claims are often related to scenarios where a person perceives a threat to themselves or to loved ones, which subsequently causes them emotional harm.

In New York, the courts have historically required that in order for a bystander to recover for negligent infliction of emotional distress, they must be a witness to the traumatic event and also be at risk of physical harm themselves (this is referred to as being in the zone of danger). The rationale behind this requirement is to create a manageable scope of liability and to ensure that claims are grounded in a genuine and immediate experience of distress linked closely to the event.

The other potential requirements provided do not align with the recognized elements necessary for this type of claim in New York. Specifically, while some jurisdictions might allow recovery for emotional distress resulting from physical harm, it is not a prerequisite in New York. Similarly, there is no strict time frame of six months for filing suit specifically related to emotional distress claims, and having a prior relationship with the injured party is not a requirement under the traditional standards for these claims. This reinforces