Intentional Infliction of Emotional Distress under Torts Law
Intentional Infliction of Emotional Distress (IIED) — Under Tort Law
Definition:
Intentional Infliction of Emotional Distress (IIED) is a tort that allows a plaintiff to recover damages for severe emotional harm caused by another’s extreme and outrageous conduct done intentionally or recklessly.
Elements of IIED:
To prove IIED, the plaintiff must show:
Intentional or Reckless Conduct
The defendant acted intending to cause emotional distress or with reckless disregard of the likelihood of causing distress.
Extreme and Outrageous Conduct
The defendant’s behavior must be so outrageous and extreme that it goes beyond all possible bounds of decency and is regarded as atrocious and utterly intolerable in a civilized society.
Causation
The defendant’s conduct caused the plaintiff’s emotional distress.
Severe Emotional Distress
The emotional distress suffered must be severe — more than mere annoyance or upset. It must be substantial and debilitating.
Key Notes:
Intent/Recklessness: The defendant does not have to intend the specific emotional harm, but must at least act recklessly regarding the risk.
Extreme and Outrageous: Mere insults or annoyances are not enough. Examples include threats of violence, harassment, or conduct exploiting a plaintiff’s known vulnerability.
Physical Injury Not Required: IIED claims can be made without physical injury, but emotional harm must be significant.
Public Figures & Free Speech: Courts sometimes balance IIED claims against First Amendment rights when the conduct involves speech.
Examples of Extreme and Outrageous Conduct:
Repeated harassment or stalking
Threatening physical harm
Fraud or deceit that causes serious distress
Exploiting a known phobia or vulnerability
Famous Case:
Hustler Magazine v. Falwell (1988)
The U.S. Supreme Court ruled that public figures cannot recover for IIED based on parody or satire unless false statements are made with actual malice.
Comparison with Negligent Infliction of Emotional Distress (NIED):
| IIED | NIED |
|---|---|
| Intentional or reckless conduct | Negligent conduct |
| Extreme and outrageous behavior | Duty and breach of care causing distress |
| Severe emotional distress required | Emotional distress caused by negligence |
| No physical injury required, but distress must be severe | Sometimes requires physical impact or proximity |
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