Intentional Infliction of Emotional Distress (IIED)

Source: Excerpts from "Intentional Infliction of Emotional Distress (IIED)"

Main Themes:

Definition and elements of IIED

Examples of outrageous conduct

Requirements of intent or recklessness

Defenses against IIED claims

Application of IIED in specific circumstances (public figures, workplace)

Limitations and challenges of IIED claims

Most Important Ideas/Facts:

1. Definition and Elements:

IIED allows recovery for severe emotional suffering caused by outrageous and intentional conduct.

Four elements must be proven: Intentional or reckless conduct: Aiming to cause harm or acting with disregard for the high probability of harm.

"The defendant must have intended to cause emotional harm or known that emotional harm was substantially certain to result from their actions."

Extreme and outrageous conduct: Behavior exceeding the bounds of decency tolerated by society.

"The standard of outrageousness is high, and courts have generally restricted the application of IIED to situations that go beyond the usual indignities, annoyances, and stresses of everyday life."

Causation: A direct link between the defendant's conduct and the plaintiff's emotional distress.

"The causation element ensures that only those injuries which are directly traceable to the defendant’s actions are compensable under IIED."

Severe emotional distress: Distress that no reasonable person should be expected to endure.

"The term 'severe' is defined as distress that no reasonable person should be expected to endure. It must be more than trivial, transient, or slight emotional upset."

2. Examples of Outrageous Conduct:

Employer abuse (verbal abuse, threats, harassment)

Discriminatory harassment

Exploitation of known sensitivities (phobias, trauma)

Abusive conduct by authority figures (police, employers, landlords)

3. Intent/Recklessness:

Intentional: Defendant desired to cause emotional harm.

Reckless: Defendant acted with substantial disregard for the risk of causing emotional distress.

4. Defenses:

Conduct not extreme or outrageous

Consent (rarely applicable)

First Amendment concerns (public figures, public concern)

Lack of causation

Lack of severe emotional distress

5. Special Circumstances:

Public Figures: Must prove "actual malice" (knowledge of falsity or reckless disregard for truth).

Workplace: Often combined with harassment/discrimination claims. Statutory remedies may preempt IIED claims.

6. Limitations and Challenges:

High burden of proof (outrageousness and severity)

Stringent evidentiary requirements (medical records, expert testimony, lay testimony)

Statute of limitations

Key Takeaways:

IIED is a powerful tool for addressing severe emotional harm caused by egregious behavior.

Proving IIED requires a high standard of proof and compelling evidence.

Courts carefully balance the need to protect individuals from emotional distress with the importance of free speech and preventing frivolous claims.

This briefing doc provides a concise overview of the key aspects of Intentional Infliction of Emotional Distress. For specific legal advice, consult with an attorney.