We're always out for a cheap thrill, like speeding a little more than normal on the back roads, donuts in snowy parking lots, checking out the dudes and ladies at the beach. Those things that you don't need to pay for to enjoy. Issues arise, however, when you take these activities beyond just having a little fun.
For example, Mark Squires couldn't just go to the beach; instead he allegedly tried to take pictures of a woman trying on lingerie under the dressing room door at Kmart, according to WCVB-TV. Squires was stopped from leaving the dressing room area by the woman's boyfriend who was close by. Police arrested Squires days later after executing a search warrant on his car. He is also a suspect in two other peeping cases.
Besides a criminal charge of violation of privacy, could Squires be held civilly liable as well?
Invasion of privacy is also a personal injury claim besides being a crime. This means that if the woman had been physically or psychologically harmed by Squire's alleged actions, she could sue him for that damage.
There are multiple ways that your privacy can be invaded. Your solitude could be intruded upon, your name or likeness could be appropriated, your private facts could be publicly disclosed, or facts could be revealed that paint you in a false light.
Here, we are looking at a potential intrusion of solitude case. To recover on this theory you must show that your solitude or private affairs had been intruded upon in a way that would be considered highly offensive to a reasonable person.
It is clear to say that your private parts, are indeed a private affair. It is also no stretch of the imagination that a reasonable person would be offended by being spied on in a dressing room.
The next time you are tempted to use new technology for a cheap thrill, remember that being a peeping tom at Kmart, or anywhere, is one way to be hit with some amount of civil or criminal liability for invasion of privacy.
- Looking for a Boston Personal Injury Lawyer? (FindLaw)
- Robert Kraft's Audition Video Leak: Bad Enough for a Lawsuit?
- Paige Robbins Webcam Lawsuit a Money Grab? (FindLaw's Philadelphia Personal Injury Law Blog)
- NH man accused of taping woman in dressing room (Associated Press)