Found an issue on this page? Let us know and we will look into it as soon as possible.
Can I sue for emotional distress because someone threatened to call the police?
Anonymous7 views8 answers
My child was on a field trip. I obtained permission in advance to pick up my child from the field trip. During the field trip I was texted and told to come and pick my child up right then. Once I arrived to get my child, the teacher very loudly told me that I couldn't get him and if I did she would call the police. I was confused as the text came from her, and not only that, I had permission from the principal to pick my child up. This caused great distressed as I also had my youngest child with me who then was crying and paranoid that the police was coming to get me. My son also had hesitation about returning to school due to the embarrassment that his teacher caused.
Joe Martin Mitchell IIIPersonal Injury LawyerIndialantic, FLFL licensed ·
A successful claim for emotional distress on the facts you've put here is not likely to be successful. Generally the conduct of the offending party has to be so offensive that it would "shock the conscience" of a reasonable person. Also, you would need to show some sort of mental or emotional problem that was severe enough to require treatment by a mental health professional.
I agree with my colleague. I would recommend the appropriate relief would be to report this incident to the school board to keep such actions from reoccurring in the future. While you would not recover money it would give you peace of mind.
Good luck.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
Generally, no. Moreover, I suspect that some controversy arose which necessitated that your child be picked up from the field trip and that this issue may also entail some relation to a family law "which parent picks up the children from school" issue. Other than that, there should have been no "great distress" unless some confrontation arose between you and the teacher. As to the children you will simply have to use your best parenting skills to explain things to them .
Although I agree with the other attorneys as to a state claim for emotional distress, there is insufficient information to determine whether some claim is indicated pursuant to state and/or federal education law. You would have to speak with an education attorney to determine whether such claim existed.
You have no standing because you fail to state a cognizable legal cause of action.
Emotional distress is an element of damages. Unless you can make out a prima facia case of Intentional Infliction of Emotional Distress, which you have not based upon your factual recitation, you have no cause of action under these facts.
Alexander O BentsenSocial Security LawyersStaten Island, NY ·
What you describe is an argument. Something that happens almost every day. The severity of the wrongful act is of extreme importance as to whether or not you would have an actionable claim. Nastiness does not give rise to a cause of action for emotional distress. It would be great for business for lawyers if it did, because then, we'd be able to sue every person who cut someone else off at a traffic light while honking their horn and making an inappropriate hand gesture. In order to prevail on an emotional distress claim (in isolation, without any other wrongful act) it would have to be something so terrible no one should ever have to endure it. This is an almost never occurrence. In practice, it is more like this: you were injured physically, for example, and it was emotionally distressing to be hospitalized, go to doctors, deal with police, ambulances, etc. you may get emotional distress damages. Or you were the victim of regular harassment and retaliation at work and it was emotionally distressing because you have no choice but to go there every day. In these types of situations, emotional distress is an additional resulting injury related to the underlying wrongful act. But an emotional distress only claim would be considered rare and extraordinary.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
This seems totally blown out of proportion. I seriously doubt any attorney would take on such a claim.
The way to handle this is to speak with the school principal about the way this teacher inappropriately handled the situation. If you do not get a satisfactory response from the principal, you should then arranged to have a confidential meeting with the school superintendent to voice your dissatisfaction with both the teacher and the principal.. If that fails to get you results, then you should contact the School Board and ask to meet with them confidentially to express your concerns. You, as the parent, always have the right to remove your child from school at any time.
Even if you were able to prove the elements of intentional or negligent infliction of emotional distress, your damages would be minimal. Chances are that you would have a difficult time finding an attorney to represent you in this case because it is difficult to put a dollar amount on this type of emotional distress. You certainly can and should contact a local personal injury attorney to discuss your options.