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Proving Liability for Invasion of Privacy Tort of Intrusion

The invasion of privacy tort known as intrusion is defined as the wrongful intrusion of one's private activities, which occurs in such a manner as to outrage or cause mental suffering, shame or humiliation to a person of reasonable sensibilities. To state a claim for intrusion the plaintiff must prove the following elements:

  • An intentional interference, physical or otherwise;

    With another person's interest in solitude or seclusion, as to his or her person, private affairs, or concerns.

    This involves physically or electronically intruding, trespassing, or invading, the plaintiff's physical solitude as by invading his or her home or other quarters. To state a claim for intrusion based on the defendant's surveillance of the plaintiff, the surveillance must be shown to have been carried out in a malicious manner, and not for a reasonable or legitimate purpose. To constitute an actionable invasion of privacy under Florida law, the intrusion must be highly offensive to a reasonable person. Additionally, the intrusion itself must be unreasonable, that is, the plaintiff must have a reasonable expectation of privacy in their private place. However, intrusion does not include unwelcome conduct, such as touching in a sexual manner and sexually offensive comments. The tort of intrusion does not refer to a "place" for a reasonable expectation of privacy as a body part. Additionally, mere spoken words are not sufficient for a cause of action for intrusion.

    If you believe your right to privacy has been violated, you need the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. We are here to help you, call 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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