“Invasion of Privacy” Lawsuits in Las Vegas, Nevada

Under Nevada law, invasion of privacy is defined as the intrusion into your personal life without just cause. You may have grounds for a personal injury lawsuit seeking money damages.

In this article, our Nevada personal injury lawyers explain Nevada’s invasion of privacy laws and what money damages may be recoverable.

• 1. Can I sue for “invasion of privacy”?
• 2. Intrusion upon Seclusion
• 3. Appropriation of Likeness or Identity
• 4. Public Disclosure of Private Facts
• 5. Portrayal in a False Light
• Additional Reading

1. Can I sue for “invasion of privacy”?

Invasion of privacy is defined as the intrusion into your personal life without just cause. In turn, invasion of privacy is subdivided into four different “causes of action.” These include:

1. Intrusion upon seclusion,
2. Appropriation of likeness or identity,
3. Public disclosure of private facts, and
4. Portrayal in a false light.

As a victim of invasion of privacy, you may bring one or more of these claims against the person or entity that wronged you. If successful, you may win money damages.

How Defendants Fight Back

Common defenses to “invasion of privacy” claims in Nevada include:

• The defendant revealed truths that were not privileged (this defense does not apply to public disclosure of private facts),
• You consented to the invasion of privacy, and the defendant’s intrusion did not exceed the scope of this consent, or
• The defendant was privileged to invade your privacy.

Predictably, invasion of privacy cases tend to be more difficult to win for public figures than private citizens.¹

2. Intrusion upon Seclusion

You may sue for “intrusion upon seclusion” if any aspect of your life that you reasonably expected would not be intruded upon was violated. An example is wiretapping your phone or putting hidden cameras in your residence.

To establish a claim for intrusion upon seclusion, you must prove the following elements:

• The defendant intentionally intruded into your privacy,
• The intrusion (which can be physical or nonphysical) would be considered highly offensive to a reasonable person,
• The defendant’s conduct was the actual or proximate cause of your privacy being violated, and
• The intrusion was the actual or proximate cause of you suffering some measure of harm.

Note that the defendant’s motive is irrelevant. They can be liable even if they had no intention to offend you.

Also, you do not need to show that you lost any money. Emotional distress and mental anguish are sufficient damages to justify an intrusion upon seclusion suit.²

3. Appropriation of Likeness or Identity

Appropriation of likeness or identity is the unauthorized use of your name or likeness for commercial purposes by the defendant.

A common defense to this claim is that the appropriation was newsworthy: If you are a newsworthy figure, publication of your name or likeness is legal as long as the use is not for:

• business or
• advertising.

Damages for the appropriation of likeness or identity are measured by your stature. In most cases, you can recover damages for both emotional harm and economic damages.³

4. Public Disclosure of Private Facts

For you to prevail on a cause of action for “public disclosure of private facts,” you must prove the following:

• The defendant made a disclosure of facts about your private life;
• This disclosure is considered highly offensive to a reasonable person;
• This disclosure was communicated to the general public (or to sufficient people so that it would likely reach the general public);
• The disclosure of these private facts is not newsworthy and serves no legitimate public interest;
• The defendant was at fault for making the disclosure; and
• The defendant’s actions were both the actual and proximate cause of the disclosure and of the harm you suffered.

Defendants will not be found liable if the facts they revealed were already known or a matter of public record. Also, you are not required to prove any pecuniary loss: Showing emotional distress and mental anguish is sufficient to win at court.⁴

5. Portrayal in a False Light

Portrayal in a false light is a publication that gives people a false impression of you. To prove this claim in court, you must demonstrate that:

• The defendant published something that gave others an inaccurate impression about you; and
• The false light you were put in would be considered highly offensive to a reasonable person.

Similar to other invasion of privacy claims, you must also prove actual or proximate causation in order to recover damages. Though – as opposed to the appropriation of name or likeness – there is no requirement that there be commercial use.

You may recover for:

• the damage to your reputation,
• emotional stress, and
• any financial loss that you may have suffered.⁵

Additional Reading

For more in-depth information, refer to these scholarly articles:

• No Harm, No Foul: Attempted Invasion of Privacy and the Tort of Intrusion upon Seclusion – Fordham Law Review.
• The Limits of Tort Privacy – Journal on Telecommunications & High Technology Law.
• A Tort for the Digital Age: False Light Invasion of Privacy Reconsidered – DePaul Law Review.
• The Ninth Circuit’s Invasion of the Tort of Invasion of Privacy – CommLaw Conspectus.
• Invasion of Privacy in the Private Employment Sector: Tortious and Ethical Aspects – Houston Law Review.

---

Legal References: