What is Intentional Infliction of Emotional Distress Under Florida Law?

January 27, 2012 at 6:54 am • Posted in Other Business • Comments Off

One Florida cause of action that is truly misunderstood is that of Intentional Infliction of Emotional Distress. While the definition may be found below, it is always advisable to contact a Miami, Florida Attorney for clarification.

As always, it is best to break legal definitions down into the definition’s consituent elements. The elements of this civil law action (tort), under Florida law are:

  1. The conduct of the defendant was extreme and outrageous.
  2. The conduct of the defendant was either intentional or reckless,
  3. The conduct of the defendant caused the plaintiff’s emotional distress.
  4. The plaintiff actually experienced severe emotional distress.

This is a cause of action that is often alleged, but not often won. First of all, the conduct of the acting defendant must be extreme and outrageous to the reasonably prudent person. This element is a very high hurdle in that it is the most difficult to prove.

For more information about the other elements and whether or not you have a cause of action, it is a good idea to contact a Florida attorney.

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