Also known as: emotional distress
Written by attorneys · grounded in primary & secondary sources — see below
Severe emotional suffering caused by extreme and outrageous conduct that is intended or reckless. Recovery extends to the direct victim and, under limited conditions, to bystanders present when the conduct occurs. The harm must be severe and is compensable when it flows from an invasion of a protected interest or when the contract or breach is of a kind that serious emotional disturbance was a particularly likely result.
Select any source to read its text and confirm it supports the definition.
Loss-prevention manager Daniel Ortiz confined cashier Maria in a back room for hours and repeatedly threatened her with arrest and prison despite her visible hyperventilation and pleas. Maria later suffered recurrent panic attacks requiring hospitalization. The conduct meets the threshold for liability because it intentionally subjected a vulnerable person to extreme distress that produced bodily harm.
Members of a church group peacefully picketed a military funeral on public land with signs expressing political and moral views about government policy. The family of the deceased experienced severe emotional distress from the signs. No tort liability arises because the speech addressed matters of public concern and occurred without additional unprotected conduct.
After two years of collaboration, Drew and Thomas ended their engagement two weeks before the wedding. Thomas had made concrete career and relocation expenditures in reliance on the marriage plans. In a jurisdiction retaining the action, Thomas may recover for mental anguish caused by the breach in addition to actual preparation costs.
Executive director Nora publicly accused caseworker Lena of theft and threatened to shame her with flyers in front of volunteers. Lena's brother Mark, present in the room, witnessed the outburst and soon suffered recurrent panic-triggered asthma attacks. Mark may recover because he was present and his emotional distress produced bodily harm.
Supervisor Mark raised a heavy water bottle behind adjuster Elena intending to strike her but lowered it when another supervisor approached. Elena never perceived the act and learned of it only later from a coworker. No recovery lies for the resulting emotional distress because it is the sole legal consequence of conduct that did not invade another protected interest.
A driver injured in a collision suffered both physical injuries and accompanying emotional distress from the accident. The injured party is entitled to recover damages that encompass the emotional distress component of the harm. The award therefore includes compensation for that distress in addition to bodily harm and other listed elements.
A bystander may recover when the defendant directs extreme and outrageous conduct at a third person and the bystander is an immediate family member present at the time or is another person present whose distress results in bodily harm. The rule requires both presence and satisfaction of the relationship or harm condition.
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Yes when the speech addresses matters of public concern, occurs on public land, and remains peaceful and non-disruptive. Liability is precluded absent additional unprotected conduct even if the speech causes severe emotional distress.
…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…
…State Farm refused to pay the excess. The Campbells sued State Farm, alleging bad faith, fraud, and intentional infliction of emotional distress
…respect in his profession, has suffered injury to his feelings, has been humiliated, held up to public scorn, suffered extreme mental anguish
…(1) negligent failure to warn, (2) strict liability, (3) breach of express and implied warranty, (4) negligent infliction of emotional distress
…but given a defamatory false circulation, general injury to reputation was presumed; special damages, such as pecuniary loss and emotional distress
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Yes in jurisdictions that still recognize the action. Recovery may include mental anguish along with actual damages such as preparation expenditures and injury to health, though loss of expected benefits is excluded.
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Recovery is barred when the conduct is tortious solely because it was intended to cause bodily harm or invade another protected interest and the only consequence is emotional distress. The rule preserves liability only when the distress accompanies another recognized harm or falls within the narrow IIED exception.
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A plaintiff may recover for bodily harm and emotional distress together with loss of earning capacity and reasonable medical expenses. The emotional-distress component is therefore an independent compensable element when personal interests are invaded.
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