To recover damages for intentional infliction of emotional distress (IIED), a plaintiff generally must establish that: (1) the defendant acted intentionally or recklessly; (2) the defendant's conduct was extreme and outrageous; (3) the defendant's actions caused the plaintiff emotional distress; and (4) the resulting emotional distress was severe.

Extreme and outrageous conduct is conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. The court will initially determine whether a defendant's conduct was extreme and outrageous. But when reasonable minds may differ, it is for the jury to determine whether the conduct was sufficiently extreme and outrageous to result in liability.

Intentional infliction of emotional distress is a "gap-filler" tort and does not supplant or duplicate existing statutory or common-law remedies. Even if other remedies do not explicitly preempt the tort, their availability leaves no gap to fill.

Thus, some courts have added additional elements of a claim for intentional infliction of emotional distress, identifying the elements of proof required as: (1) the plaintiff is a person; (2) the defendant acted intentionally or recklessly; (3) the defendant’s conduct was extreme and outrageous; (4) the defendant’s actions caused the plaintiff emotional distress; (5) the plaintiff’s emotional distress was severe; and (6) the plaintiff has no other recognized theory of redress.

Laws vary from state to state and the law regarding the tort (wrongful act) of intentional infliction of emotional distress is often located in a state’s court opinions (also known as case law, common law, or judicial decisions).

In Colorado, to recover damages for intentional infliction of emotional distress (IIED), a plaintiff must prove that the defendant acted intentionally or recklessly, and that the conduct was extreme and outrageous. This conduct must be so abhorrent that it is considered beyond the bounds of decency in a civilized society. The plaintiff must also show that this conduct caused them emotional distress, and that the distress was severe. Colorado courts will initially decide if the conduct qualifies as extreme and outrageous, but if opinions could differ, a jury may be tasked with making the determination. IIED serves as a 'gap-filler' tort, meaning it is used when there is no other specific legal remedy available for the harm suffered. Therefore, if a plaintiff has an alternative legal avenue for redress, IIED may not be applicable. The elements of proof for IIED in Colorado may include the plaintiff being a person, the defendant's intentional or reckless behavior, extreme and outrageous conduct, causation of emotional distress, severe emotional distress, and the absence of another recognized theory of redress. It's important to note that IIED claims are largely governed by state-specific case law rather than statutes.