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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

In Arizona, you can be responsible in a civil action for damages to another person if you intentionally or recklessly cause the other person emotional distress.  This type of intentional tort requires the claimant to prove:

1. That the defendant’s conduct was extreme and outrageous; and

2. That the defendant’s conduct was either intentional or reckless; and

3. That the defendant’s conduct caused the injured claimant to suffer severe emotional distress.

Conduct is “intentional” if a person’s objective is to cause the emotional distress.  The conduct is “reckless” if a person is aware of and disregards the near certainty that it would result in emotional distress.  

Source:  Recommended Arizona Jury Instructions (Civil), 4 th Edition, Intentional Torts 16, “Intentional Infliction of Emotional Distress.”