Intentional Torts 101: Evan Granowitz Explains the Intentional Infliction of Emotional Distress Tort

Evan Granowitz’ experience in dealing with torts is extensive, covering multiple types. There are a wide variety of subcategories that torts fall under, and each category has more specific umbrellas under which the specific torts can be found. Under Intentional Torts falls Intentional Infliction of Emotional Distress or IIED. It is a fairly recent addition to the law that defines torts, and it refers to the tort where intentional conduct had been done that result in extreme emotional duress upon the victim.

IIED was created to address a problem that usually came up in assault: when threat is not imminent, there would be no liability. However, as Evan Granowitz explains, there are still occasions when substantial emotional distress had been placed upon the threatened, especially when it refers to a future threat of harm that might not be covered by common law but would still leave emotional damage.

The elements required for an act to fall under IIED are:

1. For the defendant to act intentionally or recklessly,
2. The action and conduct was extreme,
3. With the defendant’s act being the cause of the distress,
4. And the plaintiff suffers from severe emotional distress as a result.

For distress to be considered severe, the quantification will depend on the intensity, the physical manifestations of the distress, and its duration.

Evan Granowitz’ complete profile and the scope of his expertise can be found at WolfGroupLA.com/Evan_Granowitz.