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Intentional infliction of emotional distress legal definition

Intentional infliction of emotional distress legal definition

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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.

  1. 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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38 Comments - Leave a Comment
  • kaz bah -

    Gday Steve. I was pulled into a work ambush meeting recently where my boss litetally screamed at me 'how DARE you say that' in response to a calm answer I gave. I was also not offerred a supprt person. But the boss had one for herself. Is this an appropriate example of outrageous behaviour with which to invoke this tort? Your advice would be very appreciated.

  • Stick Bogart -

    Do you handle slander and defamation cases. I am bringing to life a very special website that’s going to inform the public about what slander and defamation is in what could happen to them if they post slander and defamation about any business in the United States and Canada.

  • homer randall -

    let me lay this out. we had a murder in our family on 9/4/18. It was my 2 year old grand daughter. at the hospital the detectives from Springdale Ark P.D told my wife and I that the case was being investigated as a homicide. The crime scean was at my oldest daughter's apartment. The detectives took my daughter and her boyfriend who was, and is the prime suspect in for questioning. WE returned to my home, a safe and secondary location. When the detectives completed their initial questioning, they took them both back to her apartment ( the crime scean) dropped them off there, and by separation this allowed D.H.S. to invade my home in force and remove my 2 grandsons and put them into their custody. No warrant was had nor given though I demanded one.The D.H.S. officers claimed that they didn't need a warrant, that the Constitution doe's not apply to them, my wife and I were literally held at bay by 3 police officers as they went into my home and removed my grandsons who are also Ponca Indian. Under the I.C.W.A. they were entitled to Tribal representation at the 1st court hearing. The Tribe was never notified as per Arkansas and Treaty Laws demand. I had to contact the Tribe myself. this has more tentacles than a jelly fish. I have a meeting with the Chief Of Police on Monday, 12/3/18 to file grievances against the detectives and the Springdale Police who were present. What you had in this video was like a major key in what I have been looking for. The last 3 months have been a living hell for my family needless to say. I would like more information about this subject matter as I am trying to get those who violated my family indited in a Grand Jury. I believe I have 5 solid counts total for those involved. that is 5 counts each. There is like I said, so much more. I just want justice for my family. Nothing more, but damn sure nothing less. Thank you for taking time to read this.

  • above all odds -

    I would like your take on a situation that has caused me greaf and loss of finances and a domain name. I was bullied out of my job by being mocked over my food on multiple occasions and mocked over my family. Then a domain name that bears my name by one of the perp's friends after I was no longer able to afford to keep it. I looked it up on whois.icann after I blocked the prep and others he knew on fb to protect myself. I believe also that he withheld my med insurance letters till after I was fired for complaining to the lady that hired me. I consider this an act of intentional bullying and gangstalking! What do can I do? BTW I found out the perp is a registered lawyer. I thought he was just the HR officer.

  • above all odds -

    I would like your take on a situation that has caused me greaf and loss of finances and a domain name. I was bullied out of my job by being mocked over my food on multiple occasions and mocked over my family. Then a domain name that bears my name by one of the perp's friends after I was no longer able to afford to keep it. I consider this an act of intentional bullying and gangstalking! What do can I do? BTW I found out the perp is a registered lawyer.

  • Mistah FTM 739 -

    My case is the attempts at defamation of my character, for ppl to continue steal my intellectual property since theyve attempted to put my reputation in tatters as attempts to control my status in life.
    I have so much proof by various mean spirited ppl attempting to limit my means. Im going to win because many are implicated.
    Keep gaslighting my restitution.

  • Gin Atkins -

    My husband drove me 16 + hours from his mother's house where I caught the flu. When I ask, When are we going to stop? He stops the truck and yells at me saying, "I was not to speak the whole trip". He drove wreckless and faster than usual all the way to SC. He kept his window down the whole way. I was passing in and out from a high fever, I could not keep my eyes open!
    I called my mother, she was, home sitting for us. She asks me when were we stopping for the night, she knew I was sick. She knew we always stopped overnight. I told her she could go home. She asks to ask my husband when were we stopping? I ask and he would not speak about it. She knew he was being extremely angry. We had been driving for 8 hours. She was worried at this point. She is 80 years old.
    This action showed me the hateful extreme punishment for me for me being sick. What kind of persons does this?. And is this love for me? There is more but I will leave this first. Thank you.

  • Mandy Porras -

    Hi, I live in California and I have suffered greatly from my narcissist ex. He “gaslighted” me daily. He physically abused me. I have 5 collapse disc, whiplash, fractured tail bone. My left leg is forever damaged. He fractured my jaw about a month ago. He broke my nose before. My stutter started to come back a few months ago. Plus with a speech impediment along with it. Am not sure if it has to do with the abuse or not.
    I have ptsd because on April 12,2017 he decided to pull a gun out. Long story. He went on a smear campaign on Facebook about me. He got his parents verbally me too. His dad calls me from, a unknown number and hangs up. Daily. At one time I had to put a protective order against him. The abuse was so bad. I thought I was losing my mind. Seriously.
    I want justice. I want people to know about this family and what they do to people. Am not the first victim. Please help me be the last victim. This person is on felony probation already.
    I am in pain every day. I couldn’t even walk with my daughter this year for trick ‘o’ treating.

  • onebadmoto -

    I have a question: my wife is md and a partner had agreement that he would leave after a year and when time came he didn’t want to leave. His feelings were hurt and wanted to react so he requested audit. I know that’s legally his right. My wife and other partner were more than willing and gave him and attorneys many opportunities. My belief is his attorneys knew he had no case but wanted to milk him. My question is do they have counterclaim? There were purposeful delays on their part. They also tried to speed things up knowing my wife’s other partner had death of father. Unfortunately both my wife and her good partner had their fathers die in this time period and in both time periods his lawyers tried to speed up after they had delayed everything more than once. I left out that he didn’t just want an audit for the time he worked with them, he stated that he was entitled to current records.

  • R. Sotelo -

    Hi Steve,

    I'm so happy you are receiving calls. You literally empower us with knowledge. I'm actually looking for your law firm after I finish typing. Thanks so much for not blogging vague information. You actually taught it like a class. Amazing. Thanks and God bless for sharing the knowledge.

  • Tina Born2Shop -

    My cheating Husband
    His Mistress( a married woman with 2 kids, cheating on her husband)
    She is convincing my husband to leave me, to ignore me, give me a silent treatment….
    She sends pics of them+messages to my Mother on FB….( insane woman, why did she do that)
    I am emotionally exhausted, with n number of health issues, autoimmune and gynaec due to stress….
    Disgusted with husbands behaviour,
    My parents are hurt, My dad was admitted in the Hospital, on seeing their pics,

  • shentell baby -

    I have been sexually assaulted by a male cop and three male cops made me get naked in front of them since this happened I been diagnosed with post-traumatic stress disorder bulimia extreme uncontrollable depression and on medicine I sued the police before won my case since than I been harassed in my civil rights have been constantly violated by the same police force that sexually assaulted me I have my case in the fifth circuit I have my proof from witness to medical but for some reason no lawyer wants to represent me in New Orleans maybe it cause the police lawyer is a Senator Inn has a lot of pull in court so I'm my own lawyer but I'm not giving up my word will be heard and ur videos will help me thanks so much for your videos

  • drFIRE beantown Greentown -

    Ha nooooo one has me beat. So my father , he knew I was recovering from surgery and had a bad run with opiates. So I detoxed. I was then forced to work in my family pharmacy for years. Being handed percs and vicodin every day. No one listened. They watched me fall and fall again. Then I adopted a child, and had my own with his mom. She ran off. Now i had 2 sons to raise. My grandmother left me a LOT to raise these boys and help me. I was treated like a total piece of shit in front of my kids in order to make them lose respect for me . My 401k was hidden so I couldnt leave and raise them even though I had 350 thousand in my 401k. They refused to even give me a w2 . I had to get that from the IRS this year in March. They pulled 150 grand out of my 401k . Sent all my fincances to my fathers house not mine. I put my house in a trust he dissolved it and hid it in a trust my grandmother left me ..this cocksucker wouldnt let me take a fucking painting off the wall and she left me more than i would ever say here. Its 8 digits put it that way. This went on for years. They not only sold my house for 1 dollar and hid it from me in an irrevocable trust . Theyd have the water Bill's sent elsewhere so the water company would show up at my house and shut off the water. I had no help , so pops would only let me work 3 hours a day. Acted like he was doing me a favor. Really during the time I was cleaning up my life. They were stealing ownership in a business from me they used that same money to switch my adopted sons high school 3 times in the first 3 years . I fought it. They got my adopted child to help them in this because he wanted a jeep. So all the while they're using a 529 plan my grandmother left to pay for the school, stole my house. My 401k , they then tried to get the tax guys to send me a fed and state income tax return, on the next page the one they werent gonna show me was consent to the years 2011 through 2018 they wanted consent for
    K1s , federal , state , foreighn bank filings , charitable trust donations , estate returns, estate tax , w2s , 1099s , monthly bank statements , power of attorney , financial advisor pay agreements , 529 plan , mutuals , stocks, life insurance policies. And the last thing was etc
    ..so because my son was 16 my adopted son I raised from 2 years old. They knew he wanted a brand new 40 thousand dollar jeep. They put it in his head fuck me the father who wanted him to work for it, the allowed him to run away from my home . My mother went and signed for his liscense then had him come laugh at me . At that point I was close to emotional break down. Like very very close. Thank God for my wofe who helped me through it. When I said absolutely not to them changing my sons school. They had him go into school and say I was forcing my son to drop out. Bullshit. So I went into the school , theyd told the school I was unfit the school called dss ….dss came and said absolutely not they can not just do this to me . Then they left no investigation. I have 5 kids and a wife now. I'm a fit parent. Because I was opening a business my father didn't want me to (at 43) . They tried to take what I did find of my 401k that's when I walked with my tax papers. So when they heard my town host business agreement went through and I would pass my cori theu called dss again and said I had plants everywhere. Little did they know. I'm liscensed and dss knew that. So they came back a second time to check. I missed a very important meeting. My father and son kept driving by to see what would happen. When nothing happened they called again saying I have guns and ammo everywhere. Dss came back again. They saw all I have is my plate carrier for body armor and they said gee man were sorry. They just keep calling. They wanted my business to fail. They then had my son come steal my car which I paid for through the pharmacy an audi a8. They conned me again. They had him come steal my car and cash and any fincacial paperwork they knew I had like the tax papers I kept for a lawyer . Thank God they stuffed the 350 back into my 401k …
    Now I'm 43 I had 358 thousand in my 401k ..rolled it to an IRA and disconnected. They literally tortured me mentaly. By this time I was a broken man. My father convinced my mom this was all my fault , my mother is dying of cancer and will never talk to me again. Shes gonna die without talking to me. I lost my 16 years old son for a free jeep . Now my mom for standing up for myself.
    I was on edge of a complete emotional and mental breakdown. Guess what. Even though I have full custody of my 2 sons , they were still able to switch his schools up again. 3 schools in 3 years of high school. All because they knew I was gonna disconnect from the pharmacy and find out they stole the most insane amount of money and hid an irrevicable trust from 2009 from me.. while they knew I was distraught about my grandmother and my father made me write eulogy after eulogy they then ran the news article saying my notice was put out about inheritance. They used a whole team of assholes from make sure I never succeeded at anything and they used merril lynch assholes to help hide the money and just treat me like shit. Finaly I called the IRS and attorney general. The treasury etc. Now I'm seeing stuff from the trust bonds etc popping up in places. This went on for 20 years. Sold my house for 1 dollar. Signed my name to all sorts of stuff sold stocks in my name using my credentials used their liscense to cash the checks.

    Does any of this count. I have proof of it all. I have no relationship with my dying mom or son who adopted.

  • Miles Coverdale -

    I have a case, here in England, of my local council hounding a woman, claiming she was responsible for anti-social behaviour. The council knew full well that there was no evidence to back up what they said, and they said it in a very vexacious, malicious way, for months. The court found the council guilty, and part of it was outrageous behaviour unbecoming a government body.

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