Emotional Distress Torts

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Tort law protects people from harms which result from the wrongful conduct of others. While we usually associate tort claims with harms to people or to property, the law also recognizes emotional or psychological harm as a distinct form of injury. This recognition was a result of a historical development, as society increasingly understood the severity and the long-lasting consequences of mental injury. Under the traditional common law, damages for mental harms were only recoverable as part of torts like assault, battery, or false imprisonment. Plaintiffs could include emotional distress as an additional harm if they also suffered physical injury or the threat of physical injury. Eventually, the courts recognized the infliction of psychological injury as its own independent cause of action, even without any accompanying harm to a person or property. Today, most jurisdictions recognize two torts for emotional harm, the intentional infliction of emotional distress, and the negligent infliction of emotional distress.

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Видео Emotional Distress Torts канала LawShelf