Also known as: emotional distress · mental distress
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A common-law remedy allowing a landlord to seize a tenant's personal property located on the leased premises to secure payment of unpaid rent. The landlord holds the seized goods as security until the tenant satisfies the rent obligation but cannot sell them without statutory authority.
Severe mental suffering that forms an essential element of the tort of intentional infliction of emotional distress. Liability arises when extreme and outrageous conduct intentionally or recklessly produces this level of harm, and bodily injury resulting from the distress may also support recovery.
Each sense below has its own examples, sources, and questions.
A common-law remedy allowing a landlord to seize a tenant's personal property located on the leased premises to secure payment of unpaid rent. The landlord holds the seized goods as security until the tenant satisfies the rent obligation but cannot sell them without statutory authority.
Select any source to read its text and confirm it supports the definition.
In property law, distress refers to a landlord's common-law right to seize a tenant's goods on the premises as security for unpaid rent. In tort law, distress refers to the severe mental suffering that must be shown to establish intentional infliction of emotional distress.
Supporting sources
Severe mental suffering that forms an essential element of the tort of intentional infliction of emotional distress. Liability arises when extreme and outrageous conduct intentionally or recklessly produces this level of harm, and bodily injury resulting from the distress may also support recovery.
Select any source to read its text and confirm it supports the definition.
Daphne Doyle organized a small group to picket peacefully on public land outside a military funeral with signs expressing political opposition to the war. The family of the deceased experienced intense grief but the picketers caused no physical disruption or direct confrontation. No liability for emotional distress arises because the speech addresses matters of public concern and receives First Amendment protection.
Destiny Davis's landlord repeatedly screamed obscenities and threats at her in person over several weeks regarding late rent. The conduct caused Destiny to suffer severe anxiety requiring medical treatment. Liability attaches because the extreme and outrageous behavior was directed at Destiny herself and intentionally produced severe emotional distress.
Deborah Dunn witnessed her husband being subjected to repeated humiliating insults and false accusations by their neighbor during an argument on their front lawn. Deborah, present at the scene as an immediate family member, suffered lasting emotional trauma. The neighbor faces liability for intentionally or recklessly causing her severe emotional distress even without bodily harm.
Severe emotional distress requires more than mere annoyance, hurt feelings, or temporary upset. The Restatement requires that the distress be so severe that no reasonable person could be expected to endure it, often evidenced by physical symptoms, medical treatment, or lasting impairment.
Supporting sources
Speech on matters of public concern receives heightened protection even when it causes severe emotional distress. Peaceful picketing accompanied by offensive signs on public land near a funeral is protected and cannot support tort liability absent additional unprotected conduct.
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…life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other…
…Section 10 of Article I, are not left in doubt and have frequently been described with eloquent emphasis.[^maj-7] The widespread
…Co. (1906) 150 Cal. 51, 56 [87 P. 1093].) Since the ordinary commercial contract does not contemplate damages for mental
…injury in damages. Cf. Miller v. Campbell County, 854 P. 2d 71, 77 (Wyo. 1993) (rejecting reliance on tort law in holding that
…and then discharged her, all because of her race. Petitioner also claimed this conduct amounted to an intentional infliction of emotional distress
Diego Duarte watched his brother endure a barrage of vicious personal attacks from a business rival at a family gathering. The attacks were extreme and outrageous, and Diego suffered severe emotional distress as an immediate family member who was present. Liability exists regardless of whether the distress produced bodily harm.
Dominic Drake stood nearby when a store clerk viciously berated a customer with extreme insults. Dominic, though not a family member, suffered a panic attack and required hospitalization as a direct result. The clerk is liable because the distress produced bodily harm and Dominic was present during the outrageous conduct.
Dustin Donovan was shoved by a coworker during an argument at work, constituting a battery. He experienced only fleeting upset with no lasting emotional effects. No recovery for emotional distress is available because the only legal consequence of the conduct was the battery itself and no independent basis under the emotional distress rules exists.
Recovery is available to an immediate family member who is present at the time, whether or not bodily harm results. A non-family bystander present at the scene may recover only if the distress produces bodily harm.
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No. Conduct that is tortious because it was intended to cause bodily harm or invade another protected interest does not create liability for emotional distress that is the only legal consequence of the conduct.
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