Also known as: beyond all bounds of decency · outrageous conduct
Written by attorneys · grounded in primary & secondary sources — see below
Conduct so outrageous in character and extreme in degree that it exceeds the limits of what a civilized community will tolerate. The standard identifies behavior that is atrocious rather than merely rude or annoying.
After Jordan Lee posted a negative review, supervisor Dana Ruiz flagged the account for special handling and directed agents to tell Jordan that law enforcement was monitoring calls for terrorism. Dana also arranged repeated late-night robocalls containing ominous threats. Jordan developed severe anxiety, insomnia, and stress-related ulcers.
Dr. Lopez, angry at patient Maria Reyes for complaining about prior care, called her into a consultation room and graphically described an untreatable disfiguring disease that he knew the lab results did not show. He refused to correct the lie for several hours. Maria suffered repeated panic attacks and severe insomnia.
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Zara organized twenty demonstrators to stand on the public sidewalk beside a cemetery during Leah's private burial service. The group held large signs labeling Leah's deceased father a slumlord and chanted accusations linking him to local homelessness. Leah and the grieving family inside the cemetery grounds suffered severe emotional distress.
After a tanker spill, Exxon Shipping's executives approved a captain known for alcohol problems to command the vessel. The resulting massive discharge caused widespread environmental harm that a jury found resulted from reckless indifference. The jury awarded punitive damages to punish the corporation and deter similar future conduct.
A television station broadcast reports labeling Rosenbloom a participant in a criminal ring. The reports were later shown to be false and caused Rosenbloom significant reputational and emotional harm. Rosenbloom sued the station for defamation and related emotional distress.
Dr. Lang berated junior researcher Maya in a lab and graphically described how she would be blamed for patient deaths and sent to prison. Maya's mother Lila stood across the bench and heard the entire tirade. Lila later suffered severe emotional distress.
The standard is satisfied only when the defendant's behavior is so outrageous in character and extreme in degree that it would be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions fall short.
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Yes. Courts consider whether the defendant exploited a position of authority or control over a vulnerable plaintiff, such as a supervisor threatening a migrant worker or a physician lying to a patient about a diagnosis.
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A single incident can qualify if it is sufficiently extreme, such as a surgeon fabricating a terminal diagnosis to retaliate against a complaining patient. Repetition is not required but strengthens the finding of outrageousness.
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An immediate family member present at the time may recover for resulting severe emotional distress even without bodily harm. A non-family bystander present at the time may recover only if the distress produces bodily harm.
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…engaged in extreme and outrageous conduct; (2) that the conduct was so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency; (3) that the conduct caused the plaintiff to suffer severe emotional distress; and (4) that the defendant’s conduct was the proximate cause of the plaintiff’s emotional distress. The…