Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Thursday, April 28, 2011

Invasion of Privacy Rights in Texas

INVASION OF PRIVACY TORT Texas law recognizes a common-law right to privacy. Billings v. Atkinson, 489 S.W.2d 858, 859 (Tex. 1973); Farrington v. Sysco Food Srvs., Inc., 865 S.W.2d 247, 253 (Tex. App.—Houston [1st Dist.] 1993, writ denied). What does it take recover on cause of action for invasion of privacy in Texas? To prove invasion of privacy, Prince must establish: (1) that [ Defendants ] intentionally intruded, physically or otherwise, upon her solitude, seclusion, or private affairs or concerns; (2) that such intrusion would be highly offensive to a reasonable person; and (3) that she suffered injury as a result of the appellee’s intrusion. See Valenzuela v. Aquino, 853 S.W.2d 512, 513 (Tex. 1993). The plaintiff must also establish that she suffered injury as a result of the defendant’s intrusion. Clayton v. Wisener, 190 S.W.3d 685, 696 (Tex. App.—Tyler 2005, no pet.). SOURCE: Houston Court of Appeals 01-09-00916-CV 4/28/11