A defendant who publicizes information concerning the plaintiff that places he or she in a false light among the public may be liable for invasion of privacy. False light invasion of privacy is analogous to the cause of action of defamation, which involves publication of facts that place a person in a false light even though the facts themselves may not be defamatory. The two essential elements for recovery are:

• The false light must be highly offensive to a reasonable person; and
  
  The defendant must have acted either knowingly or in reckless disregard as to the falsity of the publicized material and the false light in which the plaintiff would be placed.

  However, there is a conflict among Florida district courts of appeal regarding the viability of a false light cause of action. While the First District of Appeal has declined to recognize the cause of action of false light, the Fourth District Court of Appeal has reversed a trial court's dismissal of a false light claim, explaining that the action has a "toehold" in Florida law. However, the Fourth District also acknowledged uncertainty in Florida case law on the issue, and certified a question to the Florida Supreme Court regarding whether a cause of action for false light invasion of privacy exists in Florida. Therefore, if you believe you have a potential claim for false light invasion of privacy you should have an experienced West Palm Beach intentional torts lawyer go over your options with you, whether it be for an actionable false light claim or possibly a defamation claim. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.