Also known as: outrageous · extreme and outrageous conduct · IIED · intentional infliction of emotional distress
Written by attorneys · grounded in primary & secondary sources — see below
Conduct so extreme that it exceeds all reasonable bounds of human decency. Such conduct supports liability when it intentionally or recklessly causes severe emotional distress to another and may also justify punitive damages when it reflects evil motive or reckless indifference to others' rights.
Olga O'Neill, a teenage cashier, was repeatedly accused of theft by her manager in front of coworkers and customers even though he knew a bookkeeping error caused the shortage. He threatened her with arrest and years in prison unless she confessed. Olga fainted and later suffered recurring anxiety attacks that required medical treatment.
Orlando Okafor organized a peaceful picket on public land near a military funeral displaying signs with political and moral messages about government policy and homosexuality in the military. The family of the deceased experienced severe emotional distress from the signs but the picketing remained non-disruptive and occurred at a lawful distance.
Select any source to read its text and confirm it supports the definition.
Opal Okoro received dozens of harassing telephone calls at home from a debt collection agency that knew she had no outstanding debt. The calls continued after she demanded they stop and caused her to suffer severe anxiety requiring hospitalization. The agency acted with reckless indifference to her rights.
Oskar Ocampo, a seasonal farm worker, was repeatedly told by the farm owner that immigration agents would arrest him even though she knew his documents were valid. He suffered a panic attack and required hospitalization. The owner acted to intimidate him despite knowing the statements were false.
Octavia Okonkwo, a public figure, was the subject of a parody advertisement in a national magazine that portrayed him in a crude and false light. No reasonable reader would interpret the parody as stating actual facts and the publication contained no false statement made with actual malice.
Olive Okafor, a prosecutor, decided to bring charges against a defendant based on evidence she believed supported conviction. The decision involved ordinary professional judgment and did not involve any extreme departure from accepted standards of conduct.
The conduct must transcend all bounds of decency tolerated by society. Courts limit liability to situations where the defendant's actions are extreme and unreasonable, such as repeated public false accusations of theft combined with threats of imprisonment directed at a vulnerable employee.
Punitive damages punish outrageous conduct reflecting evil motive or reckless indifference and deter similar future acts. They may be awarded when the trier of fact considers the character of the act, the harm caused or intended, and the defendant's wealth.
Speech on matters of public concern receives special protection even when it causes severe emotional distress. Peaceful picketing with offensive signs on public land near a funeral is protected and tort liability is barred absent additional unprotected conduct.
…the rational basis test, I would uphold the Pennsylvania statute in its entirety. I must, however, respond to a few of the more outrageous arguments in today's opinion, which it is beyond human nature to leave unanswered. I shall discuss each of them under a quotation from the Court's opinion to which they pertain. "The…