Possible Lawsuit?

[jholley123]

What is the name of your state (only U.S. law)? New Jersey

If a person goes in your room that you pay for without permission and takes pictures of everything wrong and posts them on facebook to insult you, can you file a lawsuit for punitive damages? Also trespassing without permission

I rent a room in a house with 5 other people. One of the people that live here came into my room while I was at work and took picture of everything that was either dirty or out of place and posted them on his facebook page with insulting comments. Could I sue him for trespassing and punitive damages?

 

[ecmst12]

No. And get a lock for your door.

 

[Antigone*]

I have a different view from Em.

Yes you can sue. You can sue for as much as you'd like. Don't however count on winning.

If your roomies are that insulted by your filth that the only way you get message is to have your dirty laundry aired out on the Interwebs, they must be very frustrated with your living conditions. Clean up your act.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? New Jersey

If a person goes in your room that you pay for without permission and takes pictures of everything wrong and posts them on facebook to insult you, can you file a lawsuit for punitive damages? Also trespassing without permission

I rent a room in a house with 5 other people. One of the people that live here came into my room while I was at work and took picture of everything that was either dirty or out of place and posted them on his facebook page with insulting comments. Could I sue him for trespassing and punitive damages?

You can sue for trespass, invasion of privacy and/or improper publication of private facts.

The tort of invasion of privacy is defined as an intentional intrusion, “physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns” that “would be highly offensive to a reasonable person.” Bisbee v. John C. Conover Agency, Inc., 186 N.J. Super. 335, 339 (1982) (quoting Restatement (Second) of Torts, supra, § 652B). The tort of improper publication of private facts occurs “when it is shown that `the matters revealed were actually private, that dissemination of such facts would be offensive to a reasonable person, and that there is no legitimate interest of the public in being apprised of the facts publicized.’” Romaine, supra, 109 N.J. at 297 (quoting Bisbee, supra, 186 N.J. Super. at 340). To succeed in proving that defendants committed either of those torts, plaintiff must establish that he possessed a reasonable expectation of privacy . See id. at 297-99; Bisbee, supra, 186 N.J. Super. at 339-41.

 

[tranquility]

I agree with Antigone* (edit [and Stevef]), there is a valid suit here. But, damages is your problem. Trespassing would be the cause of action of entering your room. (And, maybe, public disclosure of private facts.) But, how were you hurt? In dollars. That's the problem. You're not going to get punitive damages, but even if you could, they are limited under the theory of due process. No one knows the exact multiplier one could get for punitive damages, but it is probably not in two digits. So assume, under the worst circumstance that you get a 9 times multiplier. Nine times zero is still zero.

Yes, it is embarrassing and yes you were done wrong. Heck, it might be a crime even though it would not be prosecuted. But, such is life. What might make it interesting is the motivation behind it and how often it is happening. Harassment can be actionable and is something the police will take seriously. Stupid jokes not so much.

 

[ecmst12]

Tresspassing is a crime, you don't sue for a crime. And no way are punitive damages going to apply here. I didn't say he couldn't sue for ANYTHING, I didn't feel like going into details, but a suit is not going to be worth the time or money it would cost, since it won't get him anything.

A lock for the door, on the other hand, would be extremely valuable, and cheap.

 

[ecmst12]

I also wonder if the reason they felt the need to document the filth in the first place was because OP left the door open for all to see and be disgusted by...in which case, I don't think invasion of privacy would be applicable (no expectation of privacy in a room with the door wide open).

 

[Mass_Shyster]

Tresspassing is a crime, you don't sue for a crime. And no way are punitive damages going to apply here. I didn't say he couldn't sue for ANYTHING, I didn't feel like going into details, but a suit is not going to be worth the time or money it would cost, since it won't get him anything.

Trespassing is also a tort, and punitive damages are appropriate for an intentional trespass. See Jacque v. Steenberg Homes, Inc., 563 N.W.2d 154 (Wis. 1997).

The issue I see here is that the tortfeasor is also sharing a house with five others, and is unlikely to be a 'deep pocket' that would attract the attention of a lawyer willing to take the case on contingency.

OP can sue, but will probably have to pay the lawyer up front.