Intentional Infliction of Emotional Distress
What is the Intentional Infliction of Emotional Distress?
A tort claim for severe emotional distress caused by the defendant's extreme and outrageous conduct, committed intentionally or with reckless disregard. No physical contact is required.
Source: Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988)
Definition
Intentional infliction of emotional distress (IIED) is a tort that allows recovery for severe emotional suffering caused by a defendant's extreme and outrageous conduct. The tort requires that the defendant acted intentionally or with reckless disregard for the probability of causing emotional distress, that the conduct was so extreme and outrageous as to exceed all bounds tolerated by a decent society, and that the plaintiff suffered severe emotional distress as a result.
The outrageousness requirement is the primary gatekeeper for IIED claims. Conduct is outrageous only if it goes beyond all possible bounds of decency and is utterly intolerable in a civilized community. Mere insults, indignities, threats, annoyances, or petty oppressions are not sufficient. Courts consider the relationship between the parties, as conduct that would be tolerable among strangers may be outrageous when committed by someone in a position of authority or power, such as an employer, landlord, or insurer. A pattern of harassment may be deemed outrageous even if individual incidents would not qualify.
IIED was recognized as an independent tort by the Restatement (Second) of Torts section 46 and has been adopted in virtually all American jurisdictions. Importantly, the plaintiff need not suffer physical harm — severe emotional distress alone is sufficient, though evidence of physical manifestation can help prove the severity. Third-party claims are possible when the defendant directs outrageous conduct at one person, knowing that a family member is present and likely to suffer distress. The First Amendment imposes significant limitations on IIED claims brought by public figures, as established in Hustler Magazine v. Falwell.
Key Elements
- 1The defendant acted intentionally or with reckless disregard
- 2The conduct was extreme and outrageous — beyond all bounds of decency
- 3The defendant's conduct caused the plaintiff's emotional distress
- 4The plaintiff suffered severe emotional distress
- 5For third-party claims: the defendant knew the family member was present
Landmark Cases
Hustler Magazine, Inc. v. Falwell
485 U.S. 46 (1988)
Held that public figures cannot recover for IIED based on a parody without showing actual malice under the First Amendment, protecting free speech.
Snyder v. Phelps
562 U.S. 443 (2011)
Held that the First Amendment protects speech on matters of public concern from IIED liability, even when deeply offensive.
Taylor v. Vallelunga
171 Cal. App. 2d 107 (1959)
Established that for bystander IIED claims, the defendant must know the third party is present, dismissing a claim where the defendant was unaware of the child watching.
GTE Southwest, Inc. v. Bruce
998 S.W.2d 605 (Tex. 1999)
Found employer's pattern of threatening, demeaning behavior toward employees constituted extreme and outrageous conduct supporting an IIED claim.
Exam Tips
- The outrageousness of the conduct is the most heavily tested element — argue both sides and consider the relationship between the parties.
- Severity of distress is also essential — everyday annoyance, hurt feelings, or embarrassment is insufficient.
- If a public figure is involved, immediately flag the First Amendment limitation from Hustler v. Falwell.
- Consider whether the facts support both IIED and NIED, as they are not mutually exclusive.
Common Mistakes to Avoid
- Setting the bar too low for outrageousness — rude, insensitive, or unkind behavior is not enough; the conduct must be truly intolerable.
- Forgetting the severity requirement for emotional distress — the distress must be so severe that no reasonable person would be expected to endure it.
- Ignoring First Amendment limitations when the defendant's conduct involves speech on public matters or public figures.
Memory Aid
IIED = Incredibly Intense and Extreme Distress. The conduct must shock the conscience.