Restatement (Second) of Torts · Section § 158
An overview of the legal principles governing the liability for intentional infliction of emotional distress in tort law.
Source: Restatement Restatement (Second) of Torts § § 158
The defendant is liable for the emotional distress of another only if he intentionally or recklessly causes severe emotional distress to the other or to a third person, and it is a result of an extreme and outrageous conduct.
This section addresses scenarios where a person intentionally or recklessly causes emotional harm to another through extreme and outrageous behaviors. Such conduct must reach a level deemed unacceptable in society to allow for liability.
Extreme and outrageous conduct is required for liability.
The distress suffered must be severe.
Illustration 1
A person is liable when they threaten to harm another's children in a manner that causes severe distress.
Illustration 2
A prank that involves a serious deception causing significant emotional trauma would also qualify under this section.
Established the precedent for liability under emotional distress claims.
Illustrated the application of severe emotional distress requirements.
Understanding § 158 is crucial for evaluating claims of emotional distress in tort cases. Practitioners must demonstrate the severity of distress and the outrageousness of the conduct for successful claims.