By

In Nevada, the elements for a claim of intentional infliction of emotional distress (sometimes called the tort of outrage) are:

  1. Defendant acts with “extreme and outrageous conduct with either the intention of, or reckless disregard for, causing emotional distress”;
  2. Plaintiff suffered severe or extreme emotional distress; and
  3. Defendant’s conduct is the actual or proximate cause of plaintiff’s emotional distress.

Switzer v. Rivera, 174 F. Supp.2d 1097, 1109 (D. Nev. 2001); Hirschhorn v. Sizzler Rest. Int’l, Inc., 913 F. Supp. 1393, 1401 (D. Nev. 1995); Candelore v. Clark Cty. Sanitation Dist., 752 F. Supp. 956, 962 (D. Nev. 1990); Luckett v. Doumani, 121 Nev. 44, 110 P.3d 30 (2005); State v, Eighth Judicial Dist. Court, 18 Nev. 140, 42 P.3d 233 (Nev. 2002); Olivero v. Lowe, 995 P.2d 1023, 1025 (Nev. 2000); Dillard Dept. Stores, Inc. v. Beckwith, 15 Nev. 372 (2000); Maduike v. Agency Rent-A-Car, 14 Nev. 1 (1998); Barmettler v. Reno Air, Inc., 114 Nev. 441, 956 P.2d 1382, 1387 (1998); Star v. Rabello, 97 Nev. 124, 625 P.2d 90 (1981); Shoen v. Amerco, Inc., 111 Nev. 735, 747, 896 P.2d 469, 476 (1995).  A third party who observes the outrageous behavior may also recover for emotional distress if the individual is a “close relative of the person against whom the outrage was directed” and the “witnessed acts were not only outrageous but unquestionably violent and shocking.”  Star v. Rabello, 97 Nev. 124, 625 P.2d 90 (1981).  The outrageous conduct must rise to the level of behavior which is “‘outside all possible bounds of decency’ and is regarded as ‘utterly intolerable in a civilized community.’” Maduike v. Agency Rent-A-Car, 953 P.2d 24, 26 (Nev. 1998).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.