Question by  martin (522)

What is the California code for intentional infliction of emotional distress?


Answer by  patti (29325)

California was the first state (and one of the few) that allows for monetary damages to be awarded in a claim of "emotional distress" without physical injury being a factor. Most jurisdictions do not acknowledge "negligent infliction of emotional distress" (NIED)as it is difficult to define and even more difficult to prove.


Answer by  Ron27 (465)

Intentional infliction of emotional distress is a common law tort, not a statutory violation, therefore there is no code against it. To establish IIED, the conduct must be outrageous, intended to cause harm, and actually cause the harm that it was intended to cause. Not many prevail in IIED suits.


Answer by  mammakat (11147)

California was one of the first to seriously define this. Among the tort elements to define a prima facie case are "outrageous conduct by the defendant... with intention of causing... emotional distress. " There are many factors that define this, but California takes it very seriously and has it well defined in State Penal Code, which is readily accessible online.


Answer by  Jalaine11 (2043)

You would need to be able to establish that the emotion distress was severe. Making you feel sad or unhappy would not qualify. You will also need to prove that the conduct of the other person is the cause of your distress.

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