Written by attorneys · grounded in primary & secondary sources — see below
A highly unpleasant mental reaction such as anguish, grief, fright, humiliation, or fury that results from another person's conduct. When severe, the reaction supports tort recovery for the resulting harm.
Executive director Nora publicly accused caseworker Lena of theft in front of volunteers and threatened to post her photo as a thief. Lena's brother Mark, who was present, suffered worsening asthma attacks from the resulting panic. Mark recovers because Nora's conduct was extreme and outrageous and caused him severe emotional distress that produced bodily harm.
A church group peacefully picketed a military funeral on public land with signs expressing political and moral views about government policy. The family of the deceased experienced severe emotional distress from the signs. No tort liability arises because the speech addressed matters of public concern and received First Amendment protection.
Select any source to read its text and confirm it supports the definition.
Nora directed extreme and outrageous accusations at Lena during a staff meeting. Lena's brother Mark was present and witnessed the entire episode. Mark suffered severe emotional distress that produced bodily harm in the form of panic-induced asthma attacks. Mark may recover because he was an immediate family member present at the time.
A landlord's negligent failure to repair a leaking roof caused water damage to a tenant's apartment. The tenant experienced only emotional distress with no bodily harm or other invasion of a protected interest. The landlord faces no liability for the emotional distress alone.
A negligent driver struck pedestrian Elise Everly, breaking her leg and causing her to experience ongoing anxiety and panic attacks. Elise seeks recovery for both the physical injury and the accompanying emotional distress. The emotional distress is recoverable as part of the damages for the bodily harm.
School officials suspended students Elijah Edwards and Esme Ellington without any hearing. The students proved the procedural violation but offered no evidence of actual emotional distress or other injury beyond the abstract denial of due process. Nominal damages are available, but substantial compensatory damages for emotional distress are not.
A bystander may recover when the defendant directs extreme and outrageous conduct at a third person and intentionally or recklessly causes the bystander severe emotional distress. Immediate family members who are present recover even without bodily harm. Other persons present recover only if the distress results in bodily harm.
Yes. Speech on matters of public concern receives special First Amendment protection even when it causes severe emotional distress. Peaceful, non-disruptive picketing accompanied by offensive signs on public land is protected, and tort liability is barred absent additional unprotected conduct.
No. Conduct that is tortious because it is intended to cause bodily harm or invade another legally protected interest does not create liability for emotional distress that is the sole legal consequence.
A plaintiff whose interests of personality have been tortiously invaded may recover damages for both bodily harm and emotional distress. The emotional distress need not produce additional physical symptoms when it flows directly from the bodily injury.
…to reputation was presumed and damages could be awarded by the jury, along with any special damages such as pecuniary loss and emotional distress. At the very least, the rule allowed the recovery of nominal damages for any defamatory publication actionable per se and thus performed "a vindicatory function by enabling the…