Also known as: emotional distress · infliction of emotional distress · IIED · NIED · intentional infliction of emotional distress · negligent infliction of emotional distress
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort imposing liability on one who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another. Liability extends to resulting bodily harm and may reach family members present when the conduct targets a third person.
Elijah Edwards's supervisor locked him in a storage closet for hours while broadcasting false accusations of theft over the intercom. The prolonged confinement and public humiliation caused Elijah severe anxiety requiring medical treatment. The supervisor's deliberate targeting meets the threshold for liability because the conduct was extreme and produced documented emotional harm.
Emmett Egan and his group picketed peacefully on public land near a military funeral with signs expressing political opposition to the war. Family members experienced deep distress from the signs but the speech addressed matters of public concern. No additional unprotected conduct occurred so tort liability is barred.
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Esme Ellington watched her husband being verbally attacked with threats of violence by a neighbor during an argument. The neighbor knew Esme was present and the attack was extreme. Esme suffered severe emotional distress even without bodily harm so liability extends to her as an immediate family member.
Edith Eberhardt suffered only emotional distress after a neighbor trespassed on her property to photograph her garden without causing physical damage. The trespass itself was tortious but produced no bodily harm. Liability does not attach for the emotional distress alone under the governing limitation.
Esther Eisenberg suffered both physical injuries and accompanying emotional distress after being struck by a vehicle. The driver was liable for the bodily harm. Recovery includes compensation for the emotional distress that flowed directly from the same incident.
Edgar Evers a nationally known minister sued over a magazine parody that depicted him in an absurd and offensive scenario. The publication contained no false statement of fact made with actual malice. The First Amendment bars recovery for intentional infliction of emotional distress on these facts.
The conduct must exceed all bounds of decency and be regarded as atrocious by a reasonable person. Mere insults or annoyances fall short while targeted prolonged humiliation or threats that cause severe distress satisfy the element.
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No. Liability extends to immediate family members present at the time when the conduct is directed at a third person and causes them severe emotional distress even without bodily harm.
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Speech on matters of public concern receives protection even if it causes severe emotional distress. Parody or opinion about public figures that contains no false statement of fact made with actual malice cannot support liability.
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Emotional distress is recoverable when it accompanies bodily harm from the same conduct. Standalone emotional distress from conduct that invades other interests does not create liability absent the extreme and outrageous element.
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…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…