Friday , November 16th 2018
 
       
 
Practice Areas
 
 
 

Intentional infliction of emotional distress

The tort of intentional infliction of emotional distress is committed when one engages in extreme and outrageous conduct that is intended to cause, and does in fact cause, severe mental anguish and distress in a victim. What constitutes "outrageous" conduct is determined by deciding whether a reasonable person of "ordinary sensibilities" would feel extreme distress under the circumstances. If the perpetrator knows, however, that the victim is a highly sensitive person, the standard for determining outrageousness is lowered. In order to recover damages in this type of case, the plaintiff must show physical manifestations of distress or some other non-psychological damage (such as loss of wages).

Example: A man threatens that if you, a garbage collector, do not pay over part of your garbage collection proceeds to he and his henchmen, he will severely beat you. Since the man's conduct is extreme and outrageous, and since he has intended to cause you distress (which he has succeeded in doing), he is liable for infliction of mental distress.

The intent for this tort is a bit broader than for others. There are three possible types of intentions that are actionable: (1) the wrongdoer desires to cause you emotional distress; (2) the wrongdoer knows with substantial certainty that you will suffer emotional distress; or (3) the wrongdoer recklessly disregards the high probability that emotional distress will occur.

<< back

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

 
Contact Us
 

For questions about personal injury laws, fill out the form below or contact us by phone.

Law Offices of
Fuentes & Berrio.LLP

709 E. Hillsboro Blvd.
Deerfield Beach, FL 33441

(877) 354-LAWS
Toll Free
(954) 752-1110
Broward County
(305) 931-2002
Miami Dade
(561) 279-2424
Palm Beach
(352) 387-1000
Martin County
(954) 794-1212
Fax
If you would like to contact us or have us review your case, please fill out the form below.
 
 
 

Home | About us | contact us | newsletter | ESPAÑOL

Copyright © 2008 Fuentes & Berrio, L.L.P., All rights reserved | Developed by LawyerEdge