Also known as: intentional infliction of emotional distress
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort imposing liability on a defendant who by extreme and outrageous conduct intentionally or recklessly causes another severe emotional distress. The conduct must exceed all bounds of decency and the resulting distress must be severe. Liability may be barred by constitutional protections when the conduct consists of protected speech on matters of public concern.
Isabella Ingram organized a small group to stand on the public sidewalk outside a military funeral. They held signs criticizing government policy on military service without blocking access or making noise. The deceased's family member Idina Iverson suffered severe distress and sued for IIED. The First Amendment barred recovery because the speech addressed matters of public concern in a peaceful manner on public land.
Isaac Irving's insurer conducted a prolonged investigation into his claim using methods later found to be oppressive. The tactics caused Isaac to suffer severe anxiety requiring medical treatment. Isaac sued the insurer for IIED. The court examined whether the conduct met the extreme and outrageous threshold and whether punitive damages were appropriate given the harm shown.
Select any source to read its text and confirm it supports the definition.
Ike Ingram published a parody advertisement depicting a public figure in a vulgar scenario. The target Israel Irving experienced severe emotional distress and filed an IIED claim. The court held that the parody did not contain a false statement of fact made with actual malice and therefore could not support liability.
Ian Iverson was fired after reporting suspected wrongdoing at Inertia Dynamics. He alleged the manner of termination and subsequent statements caused severe emotional distress. Ian sued for IIED. The court analyzed whether the employer's conduct satisfied the elements of extreme and outrageous behavior under state law.
Isabella Ingram endured repeated offensive comments and advances from supervisors at Island Manufacturing. The conduct created a hostile environment that caused her severe emotional distress. She sued the city employer for IIED. The court considered whether the employer could be held liable for the supervisors' actions under applicable standards.
Idina Iverson challenged a company policy at Ironclad Industries that excluded certain employees from positions based on gender. She claimed the policy and its enforcement caused severe emotional distress. Idina sued for IIED. The court evaluated whether the policy itself or its application met the threshold for outrageous conduct.
A plaintiff must prove that the defendant's conduct was intentional or reckless, that the conduct was extreme and outrageous, that the conduct caused the plaintiff's emotional distress, and that the distress was severe. Courts apply these elements strictly to avoid turning ordinary insults into tort claims.
No. Peaceful picketing on public land about political or moral issues receives First Amendment protection even when it causes severe emotional distress. Liability is barred unless the speech includes additional unprotected conduct such as true threats or fighting words.
No. A public figure cannot recover for intentional infliction of emotional distress absent a false statement of fact made with actual malice. Hurtful parody or opinion that no reasonable person would take as stating actual facts does not give rise to liability.
Conduct must go beyond all possible bounds of decency and be utterly intolerable in a civilized community. Adultery or mere insults typically do not qualify while sustained abusive behavior in a close relationship may satisfy the standard.
…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…