Tampa Emotional Distress Lawyer
Intentional Infliction of Emotional Distress
Intentional Infliction of Emotional Distress occurs when the wrongdoer’s acts of extreme and outrageous conduct cause severe emotional distress to the victim.
It is important to note that no physical harm is required to recover. However, the victim must show that the wrongdoer caused severe emotional distress.
Intentional Infliction of Emotional Distress vs. Negligent Infliction of Emotional Distress?
In a negligent infliction of emotional distress case physical harm is always required since it is a negligence claim. In other words, in a negligence claim a victim has to suffer physical harm in order to recover.
Can a 3rd Party recover from the intentional acts committed by a wrongdoer against a person?
Yes, a 3rd Party can recover only if:
- 3rd Party is an immediate family member of the person the wrongdoer is directing the extreme & outrageous conduct
- 3rd Party must be present to witness the wrongdoer’s extreme and outrageous conduct towards the person
- Wrongdoer knew or should have known 3rd Party was present
Intentional Infliction of Emotional Distress Examples:
- The conduct in question takes place in public rather than private. Example: famous sports figure about to be inducted in hall of fame has his chair pulled out from him by the person behind him thereby causing the sports figure to fall in front of a public audience of a thousand people.
- Credit card company calls a person every night at 2:00 a.m.
- Hotel owner sends guest a sandwich after placing a dead rat in it
- Racial comments
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