Also known as: distress · distresses · distraint · distraints · distrain · distrained · distraining
Written by attorneys · grounded in primary & secondary sources — see below
Severe mental suffering inflicted by extreme and outrageous conduct that is intentional or reckless. Liability attaches when the conduct exceeds all bounds of decency and causes the victim substantial emotional injury, and bodily harm resulting from the distress also gives rise to recovery.
Damian Decker, a landlord, repeatedly threatened to evict Diane Dawson without cause and changed the locks while she was at work, knowing she had no other housing. Dawson suffered severe anxiety requiring medical treatment. The conduct meets the threshold for liability because it was extreme and reckless and directly produced her distress.
Destiny Davis organized a peaceful demonstration on public land near a military funeral, displaying signs criticizing government policy. The deceased's family experienced profound grief but the speech addressed matters of public concern without disruption or additional tortious acts. No tort recovery is available because the First Amendment bars liability for the emotional distress caused by protected expression.
Select any source to read its text and confirm it supports the definition.
Derek Douglas confronted his neighbor's adult son with vulgar insults and threats during a family gathering. The neighbor, present at the scene, suffered lasting emotional trauma. Liability may arise because the outrageous conduct was intentional and the family member was present when the distress was inflicted.
Diego Duarte berated his estranged wife in front of their young child with repeated false accusations of infidelity. The child, a member of the immediate family, was present and later required therapy for severe anxiety. Recovery is permitted even without bodily harm because the conduct targeted a third person and the family member witnessed it.
Darrell Duncan screamed threats at a coworker during a meeting attended by other employees. One employee who was not a family member suffered a panic attack requiring hospitalization. Liability is possible because the bystander was present and the distress produced bodily harm.
Dixon Foods' manager intentionally blocked an employee from entering the break room, causing the employee to miss a scheduled call with a sick child. The employee suffered only emotional upset with no bodily harm. No separate recovery for distress is available because the underlying conduct did not independently support an IIED claim under the governing exceptions.
The conduct must exceed all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized community. Mere insults or annoyances are insufficient. The Restatement requires conduct that would lead an average member of the community to exclaim "Outrageous!"
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Yes when the speech addresses matters of public concern and occurs peacefully in a traditional public forum without additional unprotected conduct such as true threats or incitement. Tort liability for intentional infliction is barred even if the speech is deeply offensive and timed to a funeral or memorial.
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Recovery is available only if the bystander was present at the time and the distress resulted in bodily harm. The rule distinguishes immediate family members, who may recover without bodily harm, from other bystanders who must show physical injury.
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No. Conduct that is tortious because it was intended to cause bodily harm or invade another protected interest does not create separate liability for emotional distress that is the only legal consequence.
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…life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other…