Intentional Infliction of Emotional Distress as a Cause of Action in New York

Intentional infliction of emotional distress, or IIED, is a legal claim that allows someone to seek damages when they have suffered extreme emotional harm because of another person’s shocking and harmful behavior. In New York, this claim is difficult to prove and is typically reserved for the most extreme and disturbing forms of misconduct. Below are the four elements that a plaintiff must prove to succeed on this cause of action.

Extreme and Outrageous Conduct

The first requirement is that the defendant’s conduct must be extreme and outrageous. This is not just rudeness, negligence, or even verbal abuse—it must go far beyond what is considered acceptable in a civilized society. The behavior must shock the conscience and be so atrocious that it is intolerable by societal standards. Courts have often rejected claims that fall short of this very high bar, even when the conduct is mean-spirited or humiliating.

Examples of extreme and outrageous conduct might include public threats of violence, repeated racial or sexual harassment, or deliberately spreading lies about someone with the intent to ruin their life. What qualifies often depends on the context and the power dynamics involved.

Intent or Reckless Disregard

Second, the plaintiff must show that the defendant either intended to cause emotional harm or acted with a reckless disregard for the likelihood that such harm would occur. This means the defendant knew, or should have known, that their actions would cause serious emotional suffering. It is not enough that the defendant acted badly—they must have had an awareness, or should have had an awareness, of the emotional toll their actions could take.

Causation

Next, there must be a direct connection between the defendant’s conduct and the plaintiff’s emotional distress. In other words, the plaintiff must show that the emotional suffering was not caused by something else, but was a direct result of the defendant’s outrageous behavior. This element ensures that the claim is not based on speculation or unrelated life circumstances.

Severe Emotional Distress

Lastly, the plaintiff must have experienced severe emotional distress. This is more than feeling embarrassed or upset—it means suffering that is serious and debilitating, often involving anxiety, depression, sleeplessness, or even physical symptoms. Medical documentation or professional testimony may be used to support this element, although it is not always required.

Conclusion

Intentional infliction of emotional distress is a powerful but rarely successful legal claim in New York due to its strict standards. The law reserves this remedy for cases involving truly shocking behavior and serious emotional harm. If you believe someone has crossed the line in an extreme way and caused lasting emotional damage, this claim may offer a path to justice. However, because of the high threshold involved, it is essential to seek legal guidance to assess whether the facts support this type of claim.

Find the Law

“The elements of an intentional infliction of emotional distress cause of action are (1) extreme and outrageous conduct; (2) the intent to cause, or the disregard of a substantial likelihood of causing, severe emotional distress; (3) causation; and (4) severe emotional distress (Klein v Metropolitan Child Servs., Inc., 100 A.D.3d 708, 710).” Roe v. Domestic & Foreign Missionary Socy. of the Prot. Episcopal Church (N.Y. App. Div. 2021)