Law Offices of Kerner and Kerner - New York Workplace Death Attorneys
Home Law Offices of Kerner and Kerner - Manhattan Motorcycle Accidents Lawyers Professionals Law Offices of Kerner and Kerner - Staten Island Wrongful Death Attorneys Our Successes Law Offices of Kerner and Kerner - New York Municipal Liability Lawyers Testimonials Law Offices of Kerner and Kerner - NYC Labor Law Trial Lawyers Contact Us Law Offices of Kerner and Kerner - Suffolk County Automobile Accidents Trial Lawyers Newsletter
Law Offices of Kerner and Kerner - Bronx Medical Malpractice Law Firm   Law Offices of Kerner and Kerner - Long Island Automobile Accident Lawyers   Law Offices of Kerner and Kerner - Bronx Nursing Home Abuse Lawyers   Law Offices of Kerner and Kerner - Brooklyn Wrongful Death Lawyers
Law Offices of Kerner and Kerner - Nassau County Slip and Fall Accident Trial Lawyers
 
Law Offices of Kerner and Kerner - Nassau County Drunk Driver Accident Trial Lawyers
All Areas Of Practice

Law Offices of Kerner and Kerner - NYC Personal Injury Law Firm
Law Offices of Kerner and Kerner - Suffolk County Personal Injury Trial Lawyers
 
Do I Have
A Case?
Law Offices of Kerner and Kerner - Manhattan Nursing Home Abuse Trial Lawyers
If you would like one of our attorneys to review your case, please fill out this short form.
Law Offices of Kerner and Kerner - Manhattan Airplane Accident Law Firm
Law Offices of Kerner and Kerner - New York City Cerebral Palsy Law Firm
Law Offices of Kerner and Kerner - NYC Civil Rights Attorneys
Law Offices of Kerner and Kerner - New York Drunk Driver Accident Attorneys
Law Offices of Kerner and Kerner - Staten Island Civil Rights Law Firm
Law Offices of Kerner and Kerner - Suffolk County Motorcycle Accidents Trial Lawyers
Law Offices of Kerner and Kerner - Brooklyn Airplane Accident Attorneys
Law Offices of Kerner and Kerner - New York City Labor Law Attorneys


 

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 him 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.


 
Home    |     Professionals    |     Results    |     Contact Us    |     Newsletter    |      Free Case Review
800-322-1098 toll free 212-964-1098 local