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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

LEGAL EVALUATOR | FLORIDA


This evaluator may help you determine if you are likely to win or lose an intentional infliction of emotional distress claim in Florida. It is recommended to also seek the advice of a licensed attorney in your state.














Intentional Infliction of Emotional Distress in Florida


Let’s assume the person you want to sue for intentional infliction of emotional distress is called Avery:


1. Did Avery deliberately do something that they either meant to upset you or should have known would likely upset you?







2. Did Avery's actions cross the line of decency and go so far as to be incredibly offensive, something that most people would find completely unacceptable?

E.g., displaying autopsy photos of your relative at a dinner party or lying to you that an animal that bit you did not have rabies, when the animal actually had rabies.







3. Was your emotional distress and the things Avery did directly connected? In other words, did Avery's actions cause you to feel emotionally distressed?







4. Did you experience really intense or severe emotional distress because of what Avery did? E.g., depression, psychiatric care, fear and anxiety.



















Intentional Infliction of Emotional Distress in Florida


























1. Did Avery deliberately do something that they either meant to upset you or should have known would likely upset you?





2. Did Avery's actions cross the line of decency and go so far as to be incredibly offensive, something that most people would find completely unacceptable?
E.g., displaying autopsy photos of your relative at a dinner party or lying to you that an animal that bit you did not have rabies, when the animal actually had rabies.





3. Was your emotional distress and the things Avery did directly connected? In other words, did Avery's actions cause you to feel emotionally distressed?





4. Did you experience really intense or severe emotional distress because of what Avery did? E.g., depression, psychiatric care, fear and anxiety.





Final Submit







Intentional Infliction of Emotional Distress in Florida

Intentional Infliction of Emotional Distress, often referred to as IIED, is a legal cause of action that allows individuals in Florida to seek compensation when they have suffered severe emotional distress as a result of another person’s intentional or reckless conduct. This tort is a vital component of personal injury law, aimed at protecting individuals from undue emotional harm. In the state of Florida, there are specific elements that must be met to successfully establish a claim for IIED. In this article, we will delve into these essential elements to gain a deeper understanding of what constitutes IIED in Florida.

Element 1: Intentional or Reckless Conduct

The cornerstone of an intentional infliction of emotional distress claim in Florida is the requirement that the wrongdoer’s conduct was intentional or reckless. This means that the individual responsible for causing emotional distress must have either intended their behavior or acted in a way they knew or should have known would likely result in emotional distress.

Intentional conduct refers to actions taken with the deliberate purpose of causing emotional harm to another person. For instance, if an individual engages in severe and outrageous conduct with the specific intent of causing emotional distress to the victim, this element is satisfied.

Reckless conduct, on the other hand, involves actions taken with a conscious disregard for the potential emotional harm they may cause. In this context, the wrongdoer may not have specifically intended to inflict emotional distress, but their actions were so reckless that it became reasonably foreseeable that emotional distress would result.

Element 2: Outrageous Conduct

The second element required to establish an intentional infliction of emotional distress claim in Florida is that the conduct of the wrongdoer must be outrageous. Outrageous conduct is behavior that goes beyond all bounds of decency and is regarded as odious and utterly intolerable in a civilized community.

In practical terms, this means that the behavior must be so extreme and offensive that it shocks the conscience of an average person. Courts will consider the specific circumstances of each case to determine whether the conduct meets this high threshold.

“The Restatement (Second) of Torts defines extreme and outrageous conduct needed to support this tort as that which is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, ‘Outrageous!’” Clemente v. Horne, 707 So. 2d 865 (Fla. Dist. Ct. App. 1998).

Examples of Extreme and Outrageous Conduct

Examples of outrageous conduct may include extreme acts of harassment, extreme bullying, or intentional infliction of physical harm. Here are some examples that the court found to be extreme and outrageous:

1. Graphic Photo Display at Social Gathering

In one case, police officers displayed autopsy photos and a video of the plaintiffs’ deceased family members at a dinner party and at the chief of police’s desk, crossing the bounds of decency.

You can find this case at Williams, 575 So.2d at 691.

2. Relentless Harassment by Insurance Agent

In another case, an insurance company agent engaged in a series of vicious verbal attacks, threatening and harassing a disabled policyholder, meeting the threshold for outrageous conduct.

You can find this case at Dependable Life Ins. Co. v. Harris, 510 So.2d 985, 988-89 (Fla. 5th DCA 1987).

3. Deceptive False Statements by Insurance Agent

To illustrate, in another case, an agent of an insurance company engaged in a pattern of deceitful conduct. The agent intentionally made false statements to the disabled plaintiff, falsely asserting that the plaintiff was no longer disabled. The agent went further by fabricating that she received a letter from the plaintiff’s eye doctor to support this claim. Additionally, the agent falsely stated that the plaintiff was no longer covered under her insurance policy and advised her to surrender the policy, causing significant harm to the plaintiff’s financial and emotional well-being.

You can find this case at Dominguez v. Equitable Life Assurance Society of the United States, 438 So. 2d 58, 61-62. (Fla. Dist. Ct. App. 1983).

4. Deliberate Exposure to Rabies Risk

Comparatively, in another case, an insurer of a pet store deliberately exposed the plaintiff to a potentially life-threatening situation. The insurer directed the pet store owner not to inform the plaintiff that the skunk, which had bitten her in the pet store, had been lost before the rabies incubation period had passed. This intentional withholding of crucial information placed the plaintiff in grave danger and met the legal threshold for outrageous conduct.

You can find this case at Transamerica Ins. Co. v. Kirkpatrick, 441 So.2d 385 (Fla. 1981).

Element 3: Causation of Emotional Distress

To succeed in an intentional infliction of emotional distress claim in Florida, the plaintiff must establish a direct link between the defendant’s intentional or reckless conduct and the emotional distress suffered. This means that the emotional distress must be a direct result of the defendant’s outrageous behavior.

It’s important to note that the emotional distress must be more than mere discomfort or annoyance; it must be significant and substantial. This element requires a clear connection between the defendant’s actions and the emotional harm experienced by the plaintiff.

Element 4: Severe Emotional Distress

The final element in an IIED claim is that the emotional distress suffered by the plaintiff must be severe. This is a crucial element because the law recognizes that not all emotional distress is worthy of compensation. The distress must be of such an extreme nature that it goes beyond what a person can reasonably be expected to endure.

The intensity or seriousness of how much you’re emotionally upset and how long you stay upset are important factors to think about when deciding how severe the distress is.

Examples of Severe Emotional Distress

Severe emotional distress may manifest in various ways and can have a profound impact on an individual’s life. Courts will assess the severity of the distress based on the facts of the case and expert testimony if necessary. Some common examples are explained below.

Psychiatric Care: Individuals experiencing severe emotional distress often require treatment from mental health professionals such as psychiatrists and psychologists. They may be diagnosed with conditions like anxiety, depression, panic attacks, or post-traumatic stress disorder (PTSD).

Medication: In cases of severe emotional distress, individuals may rely on medications to help manage their symptoms. Medications like Paxil, Buspar, Wellbutrin, and Zoloft may be prescribed to address the emotional turmoil.

Fear and Anxiety: Severe emotional distress can lead to pervasive feelings of fear and anxiety, making individuals apprehensive in various situations. This constant state of unease significantly affects their daily lives.

Deteriorating Relationships: Emotional distress can strain personal relationships. Individuals may find that their relationships with loved ones, such as spouses or family members, deteriorate due to the emotional turmoil they are experiencing.

Life-Altering Impact: The impact of severe emotional distress can be life-altering. It can fundamentally change an individual’s daily routines, priorities, and overall quality of life, making their current circumstances starkly different from their previous experiences.

Physical Manifestations: Emotional distress can also manifest in physical symptoms. For example, individuals may experience sexual dysfunction, skin temperature changes, muscle tightening, and increased sweat gland activity as direct physical manifestations of the emotional turmoil they are enduring.

These examples illustrate the diverse and significant ways in which severe emotional distress can affect individuals, highlighting the need for understanding and addressing this often-invisible form of suffering.

You can find cases where the plaintiff experienced similar severe emotional distress at Willis v. Gami Golden Glades, LLC, 967 So. 2d 846 (Fla. 2007) (emotional distress but for negligent infliction of emotional distress) andDominguez v. Equitable Life Assurance Society of the United States, 438 So. 2d 58 (Fla. Dist. Ct. App. 1983) (depression as an example of severe emotional distress).

Recovery for Emotional Injury Alone in Intentional Infliction of Emotional Distress Cases

The cause of action IIED stands out because it allows individuals to seek compensation for emotional injuries without the need for physical harm or visible manifestations. Unlike many other legal claims, IIED recognizes the profound impact of emotional distress, acknowledging that it can be just as debilitating as physical injuries. This aspect of IIED is essential, as it provides a remedy for those who have suffered significant emotional trauma, emphasizing the importance of protecting individuals from emotional harm.

Conclusion

Intentional Infliction of Emotional Distress is a complex legal cause of action in Florida, requiring the plaintiff to meet specific elements to establish a valid claim. To succeed, a plaintiff must show that the wrongdoer’s conduct was intentional or reckless, the conduct was outrageous, it caused emotional distress, and the emotional distress was severe. Understanding these elements is crucial for individuals seeking to pursue an IIED claim and for legal professionals involved in personal injury cases in Florida.

Find the Law

“The elements for this tort are: (1) The wrongdoer’s conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused emotion distress; and (4) the emotional distress was severe.” Clemente v. Horne, 707 So.2d 865, 866 (Fla. 3d DCA 1998).

“Severe emotional distress means emotional distress of such a substantial quality or enduring quality that no reasonable person in a civilized society should be expected to endure it.” Kim v. Chang, 249 So. 3d 1300 (Fla. Dist. Ct. App. 2018).

“The cause of action permits recovery for purely emotional injury without necessity of physical impact or manifestation.” Kim v. Chang, 249 So. 3d 1300 (Fla. Dist. Ct. App. 2018).