New Hampshire
How Addis v. Grammer applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Torts.
New Hampshire law recognizes the principle from Addis v. Grammer regarding the recovery of damages for emotional distress in tort cases. The state typically requires a showing of some form of physical injury or a close familial relationship to establish a claim for emotional distress.
In New Hampshire, to recover for negligent infliction of emotional distress, a plaintiff must demonstrate that they suffered physical harm as a result of the defendant's conduct, or were closely related to someone who suffered physical harm.
The court ruled that a claim for emotional distress can be brought if the plaintiff can prove a close relationship to the injured party and that the distress was a direct result of observing the injury.
This case confirmed that the requirement of physical injury in supporting emotional distress claims remains a significant threshold under New Hampshire law.
The court emphasized the need for a demonstrable injury when assessing claims for emotional distress in negligence cases.
New Hampshire's approach to emotional distress claims aligns in some respects with federal standards but places a stricter requirement on physical harm. Federal standards often allow for claims of emotional distress absent physical injury if certain criteria are met, which is more lenient than New Hampshire's requirement.
Understanding the nuances of emotional distress claims is vital for the New Hampshire bar exam, particularly regarding the distinct threshold requirements for physical harm.