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Restatement (2d.) § 46 Outrageous Conduct Causing Severe Emotional Distress

Kevin Tobia

Restatement (2d.) § 46 Outrageous Conduct Causing Severe Emotional Distress (link)

(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.

(2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress

(a) to a member of such person's immediate family who is present at the time, whether or not such distress results in bodily harm, or

(b) to any other person who is present at the time, if such distress results in bodily harm.

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