What is one requirement for a successful claim of emotional distress?

For a successful claim of emotional distress, one key requirement is that the distress must result from an intentional act or negligence. This means that the plaintiff must demonstrate that the defendant engaged in conduct that either intentionally inflicted emotional distress or acted negligently, leading to the emotional suffering of the plaintiff.

In tort law, emotional distress claims can arise from both intentional torts, such as intentional infliction of emotional distress, where the defendant's outrageous conduct directly causes severe emotional trauma, as well as negligent actions, which could involve situations where the defendant should have foreseen the emotional impact their actions might have on others.

While elements like medical acknowledgment of the distress or a violation of property rights are related to other areas of tort law or can play a role in the establishment of the severity and impact of the distress, they are not foundational to the claim itself. The core tenet remains that there must be a direct link between the defendant’s conduct and the emotional distress that the plaintiff suffers. Thus, the requirement that the distress must stem from either an intentional or negligent act serves to frame the basis of liability in these types of claims.