Unreasonable Intrusion Upon Seclusion of Another

Unreasonable Intrusion Upon Seclusion of Another

To recover for the tort of intrusion, a plaintiff must prove the following elements:

1. an intentional intrusion (physical or otherwise);
2. on the solitude or seclusion of another;
3. that would be highly offensive to a reasonable person

Kuhn v. Account Control Technology, Inc., 865 F.Supp. 1443, 1448 (D.Nev.,1994); People for the Ethical Treatment of Animals (PETA) v. Berosini, 110 Nev. 78, 867 P.2d 1121, 1131 (1994).

Example Cases

Proof

Damages

Defenses

Misc

The Court finds that Kuhn had a reasonable expectation of privacy at her place of work during working hours that arises from a desire to be left alone to perform the duties for which she was hired.
Kuhn v. Account Control Technology, Inc., 865 F.Supp. 1443, 1449 (D.Nev.,1994).

The court considering whether a particular action is “highly offensive” should consider the following factors:

1. the degree of intrusion,
2. the context,
3. conduct and circumstances surrounding the intrusion; as well as the intruder’s motives and objectives,
4. the setting into which he intrudes, and
5. expectations of those whose privacy is invaded

People for the Ethical Treatment of Animals v. Bobby Berosini, Ltd., 111 Nev. 615, 895 P.2d 1269, 1274 n. 4 (1995)