Negligent infliction of emotional distress: a view of the proposed Restatement provisions from England

TORT LAW—What Happened to Duty in Wyoming? Negligent Supervision of Minors, Loss of a Sibling’s Consortium, Duty to Inspect One’s Premises, and Negligent Infliction of Emotional Distress; Hendricks v. Hurley, 184 P.3d 680 (Wyo. 2008)

The Future of Emotional Harm

Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law...

The "eggshell plaintiff" revisited: causation of mental damages in civil litigation.

The legal concept of the " eggshell plaintiff, " when explaining the causation of a plaintiff's claimed psychological injury, may be an archaic and a misleading paradigm. The " thin skull " or " eggshell plaintiff " rule—often described as the " defendant takes the victim as found " —protects the rights of individuals whose preexisting fragility makes them particularly susceptible to injury. Th...

The Tort of Intentional Infliction of Emotional Distress in the Private Employment Sector

Employer abuse, worker resistance, and the tort of intentional infliction of emotional distress.