Proving intentional infliction of emotional distress (IIED) involves meeting several legal requirements. To establish a claim for IIED, the plaintiff must demonstrate the following elements:
- Extreme and outrageous conduct: The defendant’s conduct must be so extreme and outrageous that it goes beyond all bounds of decency and is utterly intolerable in a civilized society. This can include conduct that is physically threatening, humiliating, or abusive.
- Intent or recklessness: The defendant must have intended to cause the plaintiff emotional distress, or at least have acted with reckless disregard for the plaintiff’s emotional well-being.
- Causation: The defendant’s conduct must have caused the plaintiff’s emotional distress. It is not enough to show that the defendant’s conduct was offensive or reprehensible.
- Severe emotional distress: The plaintiff must have suffered severe emotional distress as a result of the defendant’s conduct. This means that the emotional distress must be more than mere annoyance, embarrassment, or hurt feelings. It must be so severe that no reasonable person could be expected to endure it.
To prove IIED, the plaintiff must provide evidence of each of these elements. This can include testimony from the plaintiff and witnesses, as well as any documentation or other evidence that supports the plaintiff’s claim. It is also important to note that IIED claims can be difficult to prove, as the standard for proving extreme and outrageous conduct is quite high.
