Emotional Distress

Emotional Distress in the United States

Kinds of Torts: Torts Based on Negligence Emotional Distress

Introduction to Emotional Distress

Some states allow a claim for negligent infliction of emotional distress for purely psychological injury. For example, in some jurisdictions a person who witnesses an accident and develops psychological symptoms may sue for emotional distress. However, most states do not allow such a claim unless the witness also suffers a physical injury. Some states permit recovery of damages only if a person suffers such distress because he or she witnessed a danger or injury to a family member.” (1)

Emotional Distress meaning

Damages for emotional distress were greeted with skepticism at common law, all the more so where no claim of material injury was averred. Still one could consider assault an example where even the common law would permit recovery for intentional infliction of emotional distress. And later the common law did recognize exactly this tort: an intentional, i.e. willfull, action undertaken to cause emotional distress can be a cause of action in tort. More dubious however is the claim of a tort for negligent infliction of emotional distress. Such claims have been recognized by some jurisdictions but only very recently and not without skepticism and criticism. See: Negligent infliction of emotional distress, intentional infliction of emotional distress.

Intentional Infliction of Emotional Distress

Until recently, the common-law rule was that there could be no recovery for acts, even though intentionally undertaken, that caused purely mental or emotional distress. For a case to go to the jury, the courts required that the mental distress result from some physical injury. In recent years, many courts have overthrown the older rule and now recognize the so-called new tort. In an employment context, however, it is rare to find a case where a plaintiff is able to recover. The most difficult hurdle is proving that the conduct was “extreme” or “outrageous.”

In an early California case, bill collectors came to the debtor’s home repeatedly and threatened the debtor’s pregnant wife. Among other things, they claimed that the wife would have to deliver her child in prison. The wife miscarried and had emotional and physical complications. The court found that the behavior of the collection company’s two agents was sufficiently outrageous to prove the tort of intentional infliction of emotional distress. In Roche v. Stern (New York), the famous cable television talk show host Howard Stern had tastelessly discussed the remains of Deborah Roche, a topless dancer and cable access television host.Roche v. Stern, 675 N.Y.S.2d 133 (1998). The remains had been brought to Stern’s show by a close friend of Roche, Chaunce Hayden, and a number of crude comments by Stern and Hayden about the remains were videotaped and broadcast on a national cable television station. Roche’s sister and brother sued Howard Stern and Infinity broadcasting and were able to get past the defendant’s motion to dismiss to have a jury consider their claim.

A plaintiff’s burden in these cases is to show that the mental distress is severe. Many states require that this distress must result in physical symptoms such as nausea, headaches, ulcers, or, as in the case of the pregnant wife, a miscarriage. Other states have not required physical symptoms, finding that shame, embarrassment, fear, and anger constitute severe mental distress. (2)

Cause of Action Against Employer for Intentional Infliction of Emotional Distress: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action Against Employer for Intentional Infliction of Emotional Distress, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Cause of Action Against Insurer for Intentional Infliction of Emotional Distress: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action Against Insurer for Intentional Infliction of Emotional Distress, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Cause of Action by Bystander for Negligent Infliction of Emotional Distress: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action by Bystander for Negligent Infliction of Emotional Distress, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Cause of Action for Intentional Infliction of Emotional Distress: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action for Intentional Infliction of Emotional Distress, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Emotional Distress by Schoolteacher or Administrator

This section discusses generally the subject of Emotional Distress by Schoolteacher or Administrator, how to determine the facts essential to Emotional Distress by Schoolteacher or Administrator, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Resources

Notes and References

  1. Information about Emotional Distress in the Encarta Online Encyclopedia
  2. “Business and the Legal Environment”, by Don Mayer, Daniel M. Warner and George J. Siedel.

See Also


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