Also known as: extreme outrageous conduct · outrageous conduct
Written by attorneys · grounded in primary & secondary sources — see below
Conduct exceeding all bounds of decency usually tolerated by a civilized society and utterly intolerable in character. The standard requires that the actor's behavior go beyond mere insults or rudeness to a level that a reasonable person would find atrocious.
Call-center supervisor Dana Ruiz repeatedly flagged Jordan Lee's account after a negative review and directed agents to falsely claim law enforcement was investigating Jordan for terrorism. Dana also arranged repeated late-night robocalls with ominous threats. Jordan developed severe anxiety, insomnia, and stress-related ulcers. A jury could find the coordinated campaign extreme and outrageous.
Surgeon Dr. Lopez, angered by patient Maria Reyes's complaints, falsely told her she had an untreatable disfiguring disease and withheld the truth for hours despite knowing the lab results were normal. Maria suffered repeated panic attacks and severe insomnia. The calculated deception in a doctor-patient relationship qualifies as extreme and outrageous conduct supporting punitive damages.
Select any source to read its text and confirm it supports the definition.
Members of a church picketed a soldier's funeral on public land with signs stating God hates the military and related messages. The father of the deceased suffered severe emotional distress. The conduct, though deeply offensive, addressed matters of public concern through peaceful means and did not meet the extreme and outrageous threshold for liability.
An oil company executive knowingly downplayed the scale of an environmental disaster to affected communities while internal documents showed reckless indifference to cleanup safety. Residents developed lasting anxiety disorders. The sustained pattern of deception and disregard supports a finding of extreme and outrageous conduct warranting exemplary damages.
A police officer detained a suspect for hours and repeatedly threatened graphic harm to the suspect's family unless he confessed to a crime the officer knew he did not commit. The suspect later suffered debilitating panic attacks. The officer's calculated psychological pressure qualifies as extreme and outrageous conduct.
School officials ordered a thirteen-year-old student to remove her clothing and expose her underwear during a search for ibuprofen tablets based on an uncorroborated tip. The student suffered severe humiliation and anxiety. The invasive and unjustified procedure in a school setting constitutes extreme and outrageous conduct.
The conduct must exceed all bounds of decency usually tolerated by civilized society and be utterly intolerable. Courts consider factors such as abuse of authority, exploitation of vulnerability, repetition, and whether the conduct targets a known sensitive situation.
Supporting sources
No. The tort focuses on extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress. Bodily harm is relevant only when it results from the distress and extends liability to cover that harm as well.
Supporting sources
Yes, when the bystander is an immediate family member present at the time or another person present whose distress results in bodily harm. The same extreme and outrageous standard applies to the underlying conduct.
Supporting sources
…of emotional distress under Maryland law, a plaintiff must show (1) that the defendant intentionally or recklessly 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…