Also known as: outrageous conduct · severe emotional distress · IIED · intentional infliction of emotional distress
Written by attorneys · grounded in primary & secondary sources — see below
Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress to another. Liability attaches for the resulting emotional distress and for any bodily harm that follows from it.
Morgan told Lena that investigators had traced pollution to her negligence and that she faced prison. Lena developed migraines and high blood pressure. Morgan's statements meet the threshold for outrageous conduct that intentionally produces severe distress resulting in bodily harm.
Members of a church picketed on public land near a military funeral with signs expressing political and moral views. The father of the deceased suffered severe emotional distress. The peaceful, non-disruptive picketing on a matter of public concern bars tort liability.
Select any source to read its text and confirm it supports the definition.
Nora accused Lena of theft and threatened to post her photo as a thief in front of Lena's brother Mark. Mark witnessed the outburst and suffered recurrent panic-induced asthma attacks. Mark's presence and resulting bodily harm satisfy the requirements for recovery by a bystander.
A supervisor fabricated evidence of criminal conduct against an employee who reported data manipulation. The employee developed stress-related physical conditions. The jury awarded punitive damages to punish the supervisor's outrageous conduct and deter similar acts.
A city employee endured repeated sexual harassment by supervisors. The city failed to implement adequate preventive measures. The conduct qualifies as outrageous and the employer faces liability under agency principles.
A shipping company caused an oil spill through reckless conduct that inflicted widespread harm. Affected parties sought punitive damages to punish the outrageous behavior. The ratio of punitive to compensatory damages is limited to a single-digit multiplier.
A plaintiff must show extreme and outrageous conduct, intent or recklessness, and resulting severe emotional distress. When the plaintiff is a bystander, additional presence and relationship or bodily-harm requirements apply.
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Peaceful, non-disruptive picketing on public land near a funeral or memorial, even with offensive signs, receives First Amendment protection. Liability is barred absent additional unprotected conduct.
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Yes. Immediate family members present at the time may recover whether or not bodily harm results. Other persons present may recover only if the distress produces bodily harm.
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Punitive damages may be awarded to punish the defendant for outrageous conduct and to deter similar acts. The trier of fact considers the character of the act and the defendant's motive or reckless indifference.
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…affairs, sued petitioner and its publisher, petitioner Larry Flynt, to recover damages for invasion of privacy, libel, and intentional infliction of emotional distress. The District Court directed a verdict against respondent on the privacy claim, and submitted the other two claims to a jury. The jury found for petitioners on the defamation claim, but…