If someone has wrongfully and intentionally caused you great emotional harm in Maryland, you may have a claim for the intentional inflection of emotional distress.
Maryland law, however, does not make it easy to bring an intention infliction of emotional distress claim. To bring this tort, the plaintiff must demonstrate a “truly devastating effect” from the defendant’s behavior. The emotional response must be so awful that “no reasonable person could be expected to endure it.”
What Are the Elements of Intentional Infliction of Emotional Distress in Maryland?
The elements of the tort of intentional infliction of emotional distress in Maryland are: (1) the conduct is intentional or reckless; (2) the conduct is extreme and outrageous; (3) there is a causal connection between the wrongful conduct and the emotional distress; and (4) the emotional distress is severe. In order for distress to be sufficiently severe to state a claim for intentional infliction of emotional distress, "the plaintiff must show that he suffered a severely disabling emotional response to the defendant's conduct, and that the distress was so severe that "no reasonable man could be expected to endure it.
Does Maryland Law Allow for Negligent Inflection of Emotional Distress Claims?
Maryland law does not recognize the independent tort of negligent infliction of emotional distress. But emotional distress is part of the plaintiff's damages in any case where there is an underlying tort, such as negligence.