Also known as: inflict mental distress · inflicting mental distress · inflicted mental distress · emotional distress · IIED
Written by attorneys · grounded in primary & secondary sources — see below
A tort imposing liability when extreme and outrageous conduct is performed intentionally or recklessly and causes another person severe emotional distress. Liability extends to resulting bodily harm. The doctrine also reaches certain third-party claims when the conduct targets a family member present at the scene.
Ines Ibarra's boss Igor Ito locked her in a conference room for hours and screamed false accusations of theft while colleagues watched. Ines suffered panic attacks and required hospitalization. The conduct meets the threshold for liability because it was extreme, targeted Ines directly, and produced severe distress.
Ivy Ibarra organized a peaceful picket on a public sidewalk near a military funeral, displaying signs criticizing government policy on homosexuality. The deceased's father Iain Irons experienced severe distress. No liability arises because the speech addressed a matter of public concern and occurred without disruption or additional unprotected acts.
Select any source to read its text and confirm it supports the definition.
India Inoue confronted her neighbor's husband Igor Ito in their shared driveway and accused him of infidelity in front of his wife Ingrid Innes, who was present. Ingrid suffered severe distress but no bodily harm. Liability may attach because the conduct was extreme and directed at a family member present at the scene.
Island Manufacturing delayed delivery of custom parts to Ivy Investments, causing only financial loss and resulting anxiety. No extreme or outrageous conduct occurred. Emotional distress alone does not create liability when the underlying conduct is merely a breach of contract or ordinary commercial wrong.
After Icarus Aviation's reckless maintenance caused a near-crash, pilot Ines Ibarra experienced ongoing emotional distress alongside minor physical injuries. Recovery includes compensation for both the bodily harm and the accompanying emotional distress as elements of the same invasion of personal interests.
Interlink Communications published a parody advertisement depicting minister Iain Irons in an absurd sexual scenario. Irons, a public figure, suffered distress but the ad contained no provable false statements of fact. No liability arises because the publication was protected opinion that no reasonable reader would take as literal fact.
No. Severe emotional distress alone supports liability when caused by extreme and outrageous conduct. Bodily harm is required only for certain third-party claims or when it actually results from the distress.
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Speech on matters of public concern receives heightened protection. Peaceful picketing or parody that causes distress does not give rise to liability absent additional unprotected conduct or a false statement made with actual malice when the plaintiff is a public figure.
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A member of the immediate family who is present may recover if the actor intentionally or recklessly causes severe emotional distress. Other bystanders present may recover only if the distress results in bodily harm.
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…to reputation was presumed and damages could be awarded by the jury, along with any special damages such as pecuniary loss and emotional distress. At the very least, the rule allowed the recovery of nominal damages for any defamatory publication actionable per se and thus performed "a vindicatory function by enabling the…