UTAH PERSONAL INJURY ATTORNEY JAKE GUNTER. OVER 20 YEARS OF COURTROOM EXPERIENCE.
Utah has long had a money damages civil claim for Intentional Infliction of Emotion Distress. The basics of Intentional Infliction of Emotion Distress is that you act so outrageously that your conduct can be expected to emotionally hurt someone. Even though there is no bodily injury.
IIED goes way past racial slurs, excessively cruel language or other despicable conduct when it becomes actionable under law. Additionally, you must demonstrate damages, which like defamation, but be difficult.
ELEMENTS OF IIED IN UTAH
To recover for a civil claim of Intentional Infliction of Emotional Distress, the injured party must show by a preponderance of the evidence the following to a judge or jury.
“(i) [T]he defendant’s conduct is outrageous and intolerable;
(ii) [T]he defendant intends to cause emotional distress;
(iii) [T]he plaintiff suffers severe emotional distress; and
(iv) [T]he defendant’s conduct proximately causes the plaintiff’s emotional distress.” Chard v. Chard, 2019 UT App 209, ¶ 57, 456 P.3d 776 (cleaned up). Quoted in AW v. Marelli, 2024 UT App 8 fn 3.
WHAT IS OUTRAGEOUS AND INTOLERABLE CONDUCT JUSTIFYING INTENTIONAL INFLICTION OF EMOTION ABUSE IN UTAH?
Utah appellate courts have described what is outrageous and intolerable as:
“Conduct is not necessarily outrageous merely because it is tortious, injurious, or malicious, or because it would give rise to punitive damages, or because it is illegal. To be considered outrageous, the conduct must evoke outrage or revulsion; it must be more than unreasonable, unkind, or unfair. Indeed, in order to prevail on a claim for IIED, a plaintiff must be able to prove that the defendant engaged in extraordinarily vile conduct, conduct that is atrocious, and utterly intolerable in a civilized community.” Chard v. Chard, 2019 UT App 209, ¶ 57, 456 P.3d 776 (cleaned up).