Injury Induced by Fright

Sometimes, a physical injury induced by fright can occur. This is when practical jokes become illegal. It is generally upheld in a court of law that a person's actions may have consequences and these consequences, depending on severity, can be punished and damages may be recovered. But when is fright harmless and when is it a crime against another person?

Examples of Injury Induced by Fright

Imagine situations where a person decides to get even with another person and intimidate them somehow. As a result an injury occurs. This would be considered a willful or wanton tort. The reason is that the person committing the offense purposefully chose to do the acts in order to intimidate the victim. Even if the result was not necessarily planned, it was still a direct result of the willful behavior and actions. Meaning, that the injury would not have happened if they were not intimidated.

Let's say it is April Fool's Day and an individual wants to play a "harmless" practical joke on someone else. But they really want to frighten the person so the joke is a little mean spirited. For instance, the joker decides to tell a dog lover who adores her canine companion that he believes her dog has been hit and is lying in the road. Now, that dog lover may be so horrified that she suffers a shock to her system that feels similar to a heart attack or panic attack. While the attack might be lesser than these two mentioned ailments, she may still have to be seen by a doctor. If this happens, then, as a result of the practical joker's willful behavior, he is liable for the medical bills and quite possibly the suffering of the victim.

Another example could be Halloween day when it is everyone's goal to scare others. What if a person is preparing to run a haunted house at their residence and a newly pregnant woman walks by. As she is walking the host of the haunted house gets excited and decides to scare her unexpectedly. Frightened, she ends up miscarrying her child. Would that person be liable for an injury caused by fright even if he didn't realize she was pregnant? The answer is yes. It would likely be classified as a willful tort. Also, if a woman miscarries her baby in cases of fright, generally the defendant is also liable for the suffering of the woman as well as the medical expenses.

Is Just Frightening a Person Illegal?

So, what if a person is just frightened? Can this feeling be a valid reason to sue? The answer is relatively simple. If there is no injury then there is no right to sue. It is important to note however, that if a person is petrified or there is nervous shock involved, there must also be an impact or other physical ailment in addition to the shock. Mental problems and hallucinations are considered physical injuries. Most courts will not allow a person to sue simply because they were scared or frightened. There has to be a physical factor involved. Of course, very few courts may be rogue in their decisions to allow these types of cases but the majority is clear in this regard.

The point is this: if you intend on playing a joke on someone else it had better be truly harmless. If it isn't you could be found liable for any and all physical injuries induced by fright.