Also known as: outrage · IIED · intentional infliction of emotional distress
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort imposing liability for extreme and outrageous conduct that intentionally or recklessly causes another severe emotional distress. The conduct must exceed all bounds of decency tolerated in a civilized community. Actual causation of severe distress is required.
Trevor Tate organized a peaceful protest on a public sidewalk outside a military funeral. He carried signs expressing political views about government policy and homosexuality in the military. The deceased soldier's family member Tanya Tang suffered severe emotional distress from the signs. Because the speech addressed matters of public concern without additional unprotected conduct, no liability for the tort of outrage arises.
Tori Taylor, a public figure, discovered a parody advertisement in a magazine depicting her in a crude and false scenario. The publication caused her severe emotional distress. Because the parody contained no false statement of fact made with actual malice and no reasonable person would interpret it as stating actual facts, the tort of outrage claim fails.
Select any source to read its text and confirm it supports the definition.
Theo Thomas, a supervisor at Titan Industries, repeatedly screamed insults at employee Tiana Tan during performance reviews. The conduct caused Tiana severe emotional distress requiring medical treatment. The extreme and outrageous nature of the repeated insults supports liability under the tort of outrage.
Theodore Tucker appeared in a magazine article that falsely portrayed him as involved in a crime he did not commit. The false statements caused him severe emotional distress. Because the publication involved knowing falsehoods about a private individual on a matter not of public concern, the tort of outrage claim is viable.
Tanya Tang endured repeated sexual harassment by her supervisor at Terra Financial that created an abusive workplace. The conduct was severe and pervasive, causing Tanya extreme emotional distress. The outrageous character of the repeated harassment supports liability under the tort of outrage.
Tori Taylor published an editorial accusing a local official of corruption based on disclosed facts. The official suffered severe emotional distress from the statements. Because the statements were opinions rather than false assertions of fact, the tort of outrage claim does not succeed.
The plaintiff must show that the defendant's conduct was extreme and outrageous, that the defendant intended to cause severe emotional distress or acted with reckless disregard, and that the conduct actually caused the plaintiff severe emotional distress. Courts require the conduct to exceed all bounds of decency.
Speech on matters of public concern receives special protection even when it causes severe emotional distress. Peaceful protests or parodies on public issues are protected unless they involve additional unprotected conduct such as true threats or defamation with actual malice.
A public figure cannot recover 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.
Yes, abusive discharge cases can involve claims for intentional infliction of emotional distress when the employer's conduct during investigation, discipline, or termination is extreme and outrageous.
…though dressed up as a legal opinion, is really no more than a disagreement with the community's sense of indignation or outrage expressed in the punitive award of the Alabama jury, as reduced by the State Supreme Court. It reflects not merely, as the concurrence candidly acknowledges, "a judgment about a matter of…