Intentional infliction of emotional distress (IIED) is a type of tort law that allows an individual to file a lawsuit against another person or entity for causing severe emotional distress through intentional or reckless conduct. In Colorado, IIED claims often arise in situations involving extreme and outrageous conduct that causes severe emotional distress.

Elements of an IIED Claim

In order to prove an IIED claim in Colorado, the plaintiff must show the following elements:

Extreme and Outrageous Conduct

The first element of an IIED claim requires the plaintiff to show that the defendant engaged in extreme and outrageous conduct. This means that the defendant’s actions were so extreme and outside of society’s bounds of decency that they would cause distress to a reasonable person.

Intent or Recklessness

The second element of an IIED claim requires the plaintiff to show that the defendant intended to cause emotional distress or acted recklessly in disregarding the likelihood that their conduct would cause emotional distress.

Severe Emotional Distress

The third element of an IIED claim requires the plaintiff to show that they suffered severe emotional distress as a result of the defendant’s conduct. This means that the emotional distress was so severe that it went beyond mere hurt feelings or upset, and that a reasonable person would have also suffered significant distress.

Causation

The fourth and final element of an IIED claim requires the plaintiff to show that the defendant’s conduct was the cause of the plaintiff’s emotional distress. This means that the emotional distress would not have occurred if it were not for the defendant’s conduct.

Examples of IIED Claims in Colorado

IIED claims often arise in situations where the defendant acts in a particularly egregious manner, causing significant emotional distress to the plaintiff. Examples of IIED claims in Colorado include:

Workplace Harassment

If an employee is subjected to severe and pervasive harassment or discrimination at work, they may be able to bring an IIED claim against their employer. This is because employers have a duty to ensure that their employees are not subjected to such extreme and outrageous conduct.

Medical Malpractice

If a doctor or other healthcare professional engages in intentional or reckless conduct that causes significant emotional distress to a patient or their family, an IIED claim may be appropriate.

Stalking or Harassment

Individuals who are subjected to persistent stalking or harassment may be able to bring an IIED claim against their stalker or harasser. This is because such behavior is often extreme and outrageous, and can cause significant emotional distress to the victim.

Defenses to an IIED Claim

Defendants may assert various defenses to an IIED claim. These include:

Consent

If the plaintiff consented to the defendant’s conduct, they may not be able to bring an IIED claim.

Lack of Intent or Recklessness

If the defendant did not act intentionally or recklessly, they may not be liable for IIED.

Insufficient Evidence

If the plaintiff cannot prove all of the elements of an IIED claim, they may not be entitled to a favorable outcome.

Conclusion

Intentional infliction of emotional distress is a serious matter that can have severe consequences for both plaintiffs and defendants. If you believe that you are a victim of IIED or if someone has accused you of IIED, it is important to speak with an experienced attorney in Colorado to discuss your legal rights and options.