Also known as:extreme and outrageous conduct · outrageous conduct
Written by attorneys · grounded in primary & secondary sources — see below
Conduct so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community. The standard supplies the second element of intentional infliction of emotional distress and also supports awards of punitive damages when the actor's motive is evil or the indifference to others' rights is reckless.
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How it applies
Common Examples
6
Public Accusations at School Assembly
Sabrina, the boarding-school administrator, summoned Dakota to a mandatory assembly and accused her of cheating and theft before the entire student body, then threatened expulsion and deportation to a country Dakota had never visited. Dakota fainted on stage and later developed self-harm ideation. The public shaming and baseless threats crossed the threshold of extreme and outrageous conduct, exposing Sabrina to liability for the resulting severe emotional distress and bodily harm.
Supervisor's Repeated Sexual Threats
Harlan, a farm cooperative supervisor, repeatedly told migrant worker Elena Vargas that he would report her family to immigration authorities unless she agreed to sexual relations with him, describing detention-center conditions in graphic detail in front of laughing coworkers. Vargas suffered chronic nightmares and fainting spells. The sustained exploitation of her economic and family vulnerabilities constituted extreme and outrageous conduct that justified both compensatory and punitive damages.
Funeral Protest with Offensive Signs
Zara and twenty members of a tenants' group stood on a public sidewalk beside a cemetery during Leah's private burial service, displaying large signs labeling the deceased a slumlord and chanting about housing policy failures. Leah and the family inside the grounds suffered severe emotional distress. Because the speech addressed matters of public concern on public property and remained peaceful, the conduct did not qualify as extreme and outrageous for tort purposes.
Snyder v. Phelps562 U.S. 443 (2011)
Oil-Spill Corporate Conduct
After a massive tanker spill, executives at Empire Logistics continued operations without implementing known safety upgrades despite internal warnings that another spill was probable. The resulting environmental and economic harm to coastal communities triggered claims for punitive damages. The company's reckless indifference to foreseeable risks met the extreme and outrageous threshold required for such awards.
Exxon Shipping Co. v. Baker554 U.S. 471 (2008)
Media Broadcast of Private Facts
A television station aired detailed reports of a private individual's involvement in an accident without verifying the facts or obtaining consent, causing widespread public humiliation and lost business opportunities. The broadcast's reckless disregard for accuracy and privacy crossed into extreme and outrageous territory, supporting an emotional-distress claim alongside defamation issues.
Rosenbloom v. Metromedia, Inc.403 U.S. 29 (1971)
Bystander Distress at Accident Scene
Eileen Epstein watched from the curb as a negligent driver struck her sister, who was pushing a stroller containing Eileen's infant niece. Eileen suffered severe emotional distress that manifested in lasting anxiety and sleep loss. The driver's extreme and outrageous conduct toward the direct victims, combined with Eileen's presence and resulting bodily harm, permitted recovery under the bystander rule.
What four elements must coalesce for intentional infliction of emotional distress liability?+
The conduct must be intentional or reckless, the conduct must be extreme and outrageous, a causal connection must exist between the conduct and the distress, and the emotional distress must be severe. Courts assess outrageousness by whether the conduct exceeds all bounds of decency and would be regarded as atrocious in a civilized community.
Supporting sources
When can a bystander recover for distress caused by conduct directed at a third person?+
A bystander who is an immediate family member present at the time may recover whether or not bodily harm results. Any other person present may recover only if the distress produces bodily harm. The underlying conduct must still satisfy the extreme and outrageous standard.
Does the First Amendment bar IIED claims arising from speech on matters of public concern?+
Yes when the speech occurs on public property, remains peaceful, and addresses public issues even if it causes severe emotional distress at a sensitive event such as a funeral. Liability is precluded absent additional unprotected conduct such as threats or fighting words.
Supporting sources
Can punitive damages be awarded when the underlying conduct is extreme and outrageous?+
Yes. Punitive damages punish the actor for outrageous conduct and deter similar future acts. They are available when the defendant's evil motive or reckless indifference to others' rights is shown, and the trier of fact may consider the character of the act and the nature of the harm.
Supporting sources
, as I have said, with a bad motive or with reckless disregard of the interests of others, and before you would award punitive damages you must find that these broadcasts were published with…
, but awards are considered extraordinary and rarely issue. See 2 Schlueter §§ 22.1(B), (D). Noncompensatory damages are not part of the civil-code tradition and thus unavailable in such…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational