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 acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.