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Attorney Steve®, civil litigation attorney, discusses the legal definition of intentional infliction or mental or emotional distress (“IIED”). This is often known as the “tort of outrage.” The elements of this intentional tort is:
1. Intentional or reckless acts (intended to cause severe mental or emotional distress)
2. Causation (actual and proximate cause – no superseding intervening acts that cutoff liability)
3. Severe mental or emotional distress (more than hurt feelings or bruised ego).
Keep in mind this definition may vary depending upon what state you live in and may differ for things like vulnerable Plaintiffs such as kids, children, elderly (keep in mind financial elder abuse), and pregnant women.
4. By extreme and outrageous conduct – the conduct must be beyond all bounds of decency that a civilized society should be expected to tolerate.
Special rules apply for common carriers and innkeepers to their guests and passengers.
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