Can You Sue Someone for Hiring a Private Investigator?
Discovering that someone hired a private investigator to follow you can feel violating and raise immediate questions about your legal rights. While can you sue someone for hiring a private investigator is a common concern, the answer depends entirely on how the investigation was conducted and whether any laws were broken.
When You Can Sue Someone for Hiring a Private Investigator
You have grounds to sue when a private investigator or the person who hired them violates your legal rights. Here are the most common scenarios where lawsuits succeed:
1. Trespassing on Private Property
If a PI enters your property without permission, photographs through windows, or plants devices on your land, both the investigator and their client can be sued. You absolutely can sue someone for hiring a private investigator who trespasses. Legal private investigators must observe from public spaces only. The FindLaw legal resource confirms that trespassing for surveillance purposes is illegal.
2. Harassment and Stalking
When surveillance crosses into harassment—following too closely, making contact, or creating fear—you can pursue criminal charges and civil damages. In these cases, you definitely can sue someone for hiring a private investigator. California’s anti-stalking laws (California Penal Code Section 646.9) protect citizens from aggressive investigation tactics.
3. Illegal Recording or Wiretapping
Recording private conversations without consent or installing listening devices violates federal and state laws. If this happens, you can sue someone for hiring a private investigator under both criminal and civil statutes. The Department of Justice strictly prohibits these actions.
4. Invasion of Privacy
Using telephoto lenses to photograph inside homes, hacking digital accounts, or obtaining protected records illegally all constitute invasion of privacy. In such cases, you can sue someone for hiring a private investigator for significant damages. Ethical PIs never engage in these practices.
When You Cannot Sue Someone for Hiring a Private Investigator
Understanding when you can’t sue someone for hiring a private investigator is equally important. Courts generally protect these lawful investigation activities according to the ACLU’s privacy guidelines:
- Observing and photographing in public spaces
- Following your vehicle on public roads
- Conducting background checks using public records
- Interviewing your acquaintances (without harassment)
- Documenting your activities visible from public areas
- Taking photos of you in public locations
- Recording your social media posts
Legal Grounds to Sue Someone for Hiring a Private Investigator
When considering whether you can sue someone for hiring a private investigator, these legal theories apply:
Can You Sue Someone for Hiring a Private Investigator Under Privacy Laws?
Yes, you can sue someone for hiring a private investigator if they violate privacy laws. This includes intrusion upon seclusion – when someone intentionally intrudes on your private affairs in a way that would be highly offensive to a reasonable person. According to Cornell Law School, examples include peeping through windows or using hidden cameras in private spaces.
Emotional Distress Claims When You Sue Someone for Hiring a Private Investigator
If the investigation tactics were extreme and outrageous, causing severe emotional distress, you might have grounds for this claim. The conduct must go beyond mere surveillance to qualify. Courts have recognized that you can sue someone for hiring a private investigator when their actions cause documented psychological harm.
Defamation
If the PI or their client spreads false information about you discovered during the investigation, defamation claims may apply. This often occurs in custody investigations or divorce cases.
Conspiracy
When the person hiring the PI specifically instructs them to break laws, both parties can be held liable under conspiracy theories.
Steps to Take If You Want to Sue Someone for Hiring a Private Investigator
If you suspect someone has hired a private investigator to follow you and you’re considering whether you can sue someone for hiring a private investigator, follow these steps:
- Document Everything: Record dates, times, locations, and descriptions of suspected surveillance
- Don’t Confront: Avoid confronting suspected PIs, as this could escalate the situation
- Check for Devices: Have your property swept for hidden surveillance devices
- Review Your Rights: Understand what PIs can and cannot legally do in your state
- Consult an Attorney: Get legal advice before taking any action
- File Police Reports: Report any illegal activities to law enforcement
- Gather Evidence: Collect proof of illegal surveillance methods
Damages Available When You Sue Someone for Hiring a Private Investigator
Successfully proving you can sue someone for hiring a private investigator who violated your rights can result in various damages according to Nolo’s legal guide:
- Compensatory Damages: Reimbursement for actual losses, therapy costs, or security measures
- Punitive Damages: Additional penalties for egregious violations
- Injunctive Relief: Court orders to stop the surveillance
- Attorney’s Fees: In some cases, the defendant pays your legal costs
- Emotional Distress Damages: Compensation for psychological harm
Who Can Be Held Liable?
When illegal surveillance occurs, multiple parties may face liability:
The Private Investigator: Directly liable for any illegal actions they take
The Client Who Hired Them: Can be liable under agency theory or conspiracy
The PI Agency: May face vicarious liability for employee actions
Third Parties: Anyone who participated in or benefited from illegal surveillance
Preventing Illegal Surveillance
Protect yourself from becoming a victim of illegal PI surveillance:
- Vary your routines and routes
- Secure your digital accounts with strong passwords
- Be cautious about sharing personal information
- Install security cameras on your property
- Consider professional bug sweep services
- Monitor your credit reports for unauthorized access
- Review privacy settings on social media
When to Hire Your Own Private Investigator
Ironically, if you suspect illegal surveillance, hiring your own licensed private investigator can help:
- Document evidence of illegal surveillance
- Identify who hired the PI following you
- Gather proof for your lawsuit
- Provide expert testimony in court
- Conduct counter-surveillance operations
Can You Sue Someone for Hiring a Private Investigator? Understanding State Laws
Laws regarding whether you can sue someone for hiring a private investigator vary significantly by state. In California, where Above Limits Investigations operates, PIs must be licensed and follow strict regulations outlined by the Bureau of Security and Investigative Services. Understanding your state’s specific laws is crucial when determining if you can sue someone for hiring a private investigator.
The National Conference of State Legislatures provides state-by-state guidance on PI regulations and your rights when you believe someone has illegally hired a private investigator to surveil you.
Conclusion: Know Your Rights
While you can sue someone for hiring a private investigator who breaks the law, lawsuits require proof of illegal conduct. Lawful surveillance, though uncomfortable, is generally protected. If you believe you’re a victim of illegal investigation tactics, document everything and consult with an attorney immediately.
Remember, legitimate private investigators operate within legal boundaries and respect privacy rights. The key to any successful lawsuit lies in proving that those boundaries were crossed.
Need Help with Surveillance Concerns?
If you suspect illegal surveillance or need to understand your rights, Above Limits Investigations can help. Our licensed PIs provide counter-surveillance, bug sweeps, and legal investigation services.