Thursday, June 14, 2007

Emotional Distress Torts to Know

Elements needed for two independent torts for emotional distress:

I. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
  • Defendant engaged in negligent conduct (to be discussed in greater detail in a later post);
  • Plaintiff suffered emotional distress (to be discussed in greater detail in a later post); AND
  • Defendant's negligent conduct was a cause of the serious emotional distress.

II. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

  • Outrageous conduct on the part of the Defendant;
  • Defendant intended to cause emotional distress, or, Defendant acted in reckless disregard of the probability of causing emotional distress;
  • Plaintiff suffered severe or extreme emotional distress; AND
  • Defendant's conduct was the actual and and proximate cause of the emotional distress (see, Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 497-498.)

Actual and Proximate will be explored in later posts.

5 comments:

The Sexton Law Firm said...

good hoot! interesting messages in your blog... will be back for other good news...


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andreafox21 said...

Thank you for the great info about Emotional Distress Torts. I wish you can elaborate more on these. Looking forward to your future posts.

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spynetwork21 said...

Thank you for posting these torts. I think I studied these before when I was in law school.
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Samie said...

You can now file a case against anyone who caused you emotional distressed, knowingly or unknowingly.

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Victor Deloach said...

This article would be more interesting if given with examples. I am looking forward to your next post about the actual and proximate thoughts on emotional distress torts.

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