Tuesday, August 30, 2011

What Damages Are Recoverable for Invasion of Privacy?

In Pennsylvania if the plaintiff proves invasion of privacy, he/she is entitled to be fairly and adequately compensated for any injuries suffered as a result of the defendant’s invasion of privacy. The plaintiff may recover damages for the following injuries: 1. the harm to his/her interest in privacy; 2. the mental distress suffered as a result of the invasion of privacy; 3. any other injuries the plaintiff has suffered as a result of the invasion of privacy; and 4. in certain circumstances, punitive damages.

Where the defendant is found liable for invasion of privacy under alternative two as stated in my last post, the plaintiff may elect for damages based on the value of the benefit received to the defendant as a result of his/her tortuous conduct as appropriate.

And where the defendant is found liable for invasion of privacy under alternative four the plaintiff may also recover for injury to his/her reputation. The thinking goes that since liability may be found under alternative four only where the defendant’s conduct has met the standard of malice defined by the United States Supreme Court (knowledge or reckless disregard of the truth), the jury may presume the damage caused.

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