The Tort of Outrage
The tort of Intentional Infliction of Emotional Distress (IIED) is commonly known as Outrage. As a tort, IIED or Outrage is a cause of action for which remedies may be obtained. To prevail on a claim of outrage, an individual must prove the following three elements:
That the defendant’s conduct was extreme and outrageous;
That the defendant’s conduct was intentional or reckless; and
That the defendant’s intentional conduct caused severe emotional distress to the plaintiff.
As stated above, to qualify for a claim of Outrage, a person’s conduct must be “extreme and outrageous.” This cause of action, therefore, does not extend to mere insults, indignities, threats, annoyances, or other trivialities. Actionable conduct must be “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”
Additionally, this cause of action requires the plaintiff to show that he or she has suffered “severe emotional distress” as a result of the outrageous conduct. And while Washington courts do not require proof of objective symptomology to succeed on this claim, plaintiffs generally place their mental health at issue when they file claims of this nature. This is something to keep in mind when filing this type of claim, as the defense will likely request, and be entitled to a review of, the plaintiff’s mental health records.