How To Prove A Texas Invasion of Privacy Claim

 

 

In Texas, a claim of Invasion of Privacy is defined as:

Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded.

It simply means:

When one party violates personal space or information of another party.

There are 3 elements of the claim:

• Element 1. The defendant intruded on the solitude of another or his or her private affairs. The defendant invaded someone’s personal space or private matters, meaning they interfered with that person’s right to be left alone or to keep their private life confidential.
  

  Facts that might support this element look like:

  * The defendant installed a surveillance camera facing the plaintiff’s backyard without consent, capturing private moments of the plaintiff’s family.
  * The defendant accessed the plaintiff’s personal emails without permission, revealing sensitive information about the plaintiff’s private life.
  * The defendant repeatedly trespassed onto the plaintiff’s property to eavesdrop on private conversations held within the home.
  * The defendant used a listening device to record the plaintiff’s private phone calls without their knowledge or consent.
  * The defendant shared private medical information about the plaintiff with third parties without authorization, violating the plaintiff’s right to privacy.

• Element 2. The intrusion was intentional. The intrusion was intentional means that the person who invaded someone else’s privacy did so on purpose, knowing their actions would invade that person’s private space or information, rather than it being accidental or unintentional.
  

  Facts that might support this element look like:

  * The defendant was observed deliberately using a hidden camera to record the plaintiff in a private setting without consent.
  * The defendant admitted to entering the plaintiff’s property without permission, fully aware that it was a private area.
  * The defendant sent multiple messages to the plaintiff, expressing a desire to invade their privacy for personal gain.
  * The defendant was seen lurking outside the plaintiff’s home, intentionally trying to capture private moments.
  * The defendant had previously been warned against invading the plaintiff’s privacy but chose to ignore those warnings.

• Element 3. The intrusion would be highly offensive to a reasonable person. This means that the invasion of someone’s privacy is so shocking or upsetting that any normal person would find it unacceptable, like secretly recording someone in a private moment without their consent.
  

  Facts that might support this element look like:

  * The defendant secretly recorded the plaintiff in their home without consent, violating their expectation of privacy.
  * The intrusion involved accessing the plaintiff’s private emails and messages without authorization, exposing sensitive personal information.
  * The defendant used hidden cameras in the plaintiff’s bathroom, a space where privacy is both expected and legally protected.
  * The defendant spread false rumors about the plaintiff’s private life, causing significant emotional distress and public humiliation.
  * The defendant trespassed onto the plaintiff’s property to capture private moments, disregarding the plaintiff’s right to solitude.

^{(See Doe v. Mobile Video Tapes, Inc., 43 S. W. 3d 40 (Tex. Court of Appeals 2001).)}
If you’re in court without a lawyer and plan to assert a Claim of Invasion of Privacy, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your TX Invasion of Privacy Claim

U.S. Civil Cases Only