Пример употребления: emotional distress – n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. Recently courts in many states, including New York and California, have recognized a right to an award of money damages for emotional distress without physical injury or contact. In sexual harassment claims, emotional distress can be the major, or even only, harmful result. In most jurisdictions, emotional distress cannot be claimed for breach of contract or other business activity, but can be alleged in cases of libel and slander. Evidentiary problems include the fact that such distress is easily feigned or exaggerated, and professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it. (TheFreeDictionary).
A man is suing after allegedly waking from a colonoscopy medical procedure in women's pink underwear.
Andrew Walls, 32, from the city of Dover, Delaware, claims the underwear was put on him when he was under anesthesia at Delaware Surgery Center in October 2012.
He is now seeking damages for intentional infliction of emotional distress - in court papers his lawyer states he suffered mental anguish, lost wages and loss of earning capacity.
Пример употребления: Legal Definition of emotional distress: a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought. — called also emotional harm, mental anguish, mental distress, mental disturbance, mental suffering. (Merriam-Webster Dictionary).
This case presents us with a novel question involving First Amendment limitations upon a State’s authority to protect its citizens from the intentional infliction of emotional distress. We must decide whether a public figure may recover damages for emotional harm caused by the publication of an ad parody offensive to him, and doubtless gross and repugnant in the eyes of most. (Law & Crime).
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