Emotional Injuries

Intentional infliction of emotional distress is a cause of action when certain elements exist. When those elements are proven, the victim is entitled to compensatory damages and, in some cases, punitive damages.

Elements of Intentional Infliction of Emotional Distress

The elements that must be proven to establish the claim of intentional infliction of emotional distress are four-fold:

1) The defendant’s conduct was outrageous.

2) The defendant intended to cause the plaintiff emotional distress or acted with reckless disregard knowing the probability that the plaintiff was present and would suffer emotional distress.

3) The plaintiff suffered severe emotional distress.

4) The defendant’s conduct substantially contributed to the plaintiff’s severe emotional distress.

1) Outrageous Conduct

Outrageous conduct is not conduct that is or involves:

• Trivial;
• Indignities;
• Annoyances; or, among other things a reasonable person is expected to tolerate,
• Hurtful.

To qualify as outrageous conduct, the conduct must be so extreme that it goes beyond any and all possibilities of what’s decent. The standard to determine outrageous is whether a reasonable person would regard the conduct as “intolerable in a civilized community.” Some factors to consider whether conduct is outrageous or not include:

• Did the defendant abuse a position of authority? Relationships that could contribute to a finding that particular conduct was outrageous include:
• Employer-employee
• Insurer-insured
• Landlord-tenant
• Medical Services Provider-patient
• Attorney-client
• Collecting creditors
• Religious institutions.
• Did the defendant abuse a relationship that gave him or her real or apparent power to affect the interests of the plaintiff?
• Did the defendant know he or she was especially vulnerable to emotional distress?
• Did the defendant know that the conduct would probably result in harm due to mental distress?

These or other questions can be considered to establish that the conduct was outrageous. The jury typically determines if certain conduct is in fact outrageous or not.

2) Reckless Disregard

Reckless disregard occurs when the defendant either:

1. Knew the plaintiff would likely suffer emotional distress as a result of the defendant’s conduct; or

2. Gave no thought to effects that his or her actions would probably cause.

In cases of reckless disregard, the jury does not need to find that there was any malicious intent on the part of the defendant. All that is required is that little or no thought was given to the probable consequences of the conduct.

3) Severe Emotional Distress

Even if all the other elements are satisfied, the harm done must be severe emotional distress, which is more than mere emotional distress and more than serious emotional distress. Typically, severe emotional distress “must be so substantial or long-lasting that no reasonable person in a civilized society should be expected to bear it.”

It is up to a jury to decide if severe emotional distress is in fact present. In cases of intentional infliction of emotional distress, because the emotional distress must be severe, no showing of physical harm is necessary.

Fear of Exposure to Cancer, AIDS, HIV

The elements for intentional infliction of emotional distress with regard to a fear of cancer, HIV, or AIDS, however, is slightly different and entails an additional element:

1. Outrageous conduct on behalf of the defendant;

2. Exposing the plaintiff to a carcinogen, toxic substance, HIV, or AIDS;

3. Defendant intended to cause emotional distress or acted with reckless disregard;

4. Plaintiff suffered severe emotional distress from a reasonable fear of developing cancer, HIV, or AIDS––fear is reasonable when the risk of developing cancer, AIDS, or HIV is significantly based on reliable medical or scientific opinion; and

5. Defendant’s conduct was a substantial factor in causing severe emotional distress.

Affirmative Defense to Intentional Infliction of Emotional Distress

It’s important to know that if you are suing for compensation for injuries sustained by intentional infliction of emotional distress that there’s an affirmative defense that could be used to challenge your claim. The defendant may try to claim that he or she is not responsible for your injury because the conduct was permissible. For the defendant to succeed, he or she must prove three things:

1. The defendant was exercising a legal right to do what he or she was doing or was protecting his or her economic interests.

2. The defendant’s conduct was lawful and consistent with community demands.

3. The defendant had a good faith belief that a legal right existed to engage in the conduct.

Examples of Intentional Infliction of Emotional Distress

To better understand what intentional infliction of emotional distress could entail, here are a few examples.

Example 1: With Physical Injury

A young girl was with a clergy person on a trip when she was given alcohol and raped. When she returned home, she told her mother who then went with her to talk to the clergy person. The clergy person lived on church property. When told of the rape, the clergy person yelled at the girl, stating the rape was her fault since she drank alcohol. After she was blamed for the rape, the young girl began cutting herself and undertaking other harmful activities.

The court found that the clergy person intended to cause mental stress when yelling at the young girl. The church that employed the clergy person was also found vicariously liable for the intentional infliction of emotional distress. The court ordered the payment of $900,000 in compensation.

Example 2: Without Physical Injury

A seminary student is displeased and feels as though the seminary lied about its teachings. When he states he wants to withdraw from school, he is told that he will be eternally punished. The student becomes distraught and suffers mental anguish not knowing what to do. The severity of mental distress is a question of fact that a jury must determine. A jury could find that it was reasonable for a serious seminary student to become severely emotionally distressed when told by authorities in his religion that he will be eternally punished for something he does. The case could fall on either side of the spectrum depending on other factors, particularly if the school intentionally or recklessly caused the harm.