How can I pursue legal action against a business if the police notified me that one of their employees was filming customers nude while tanning?

UPDATED: Oct 2, 2014

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How can I pursue legal action against a business if the police notified me that one of their employees was filming customers nude while tanning?

Asked on October 2, 2014 under Personal Injury, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are not one of the customers filmed nude, then you have no ground or standing to take any action.

If you were filmed nude, you can file a police complaint and seek to press charges--this would be a violation of one or another statute in regards to viewing or filming another person's intimate parts.

If the nude film/video were posted online or otherwise published in some way that damaged you (e.g. embarrased you professionally or in your community), you may be able to file a lawsuit as well, though unless you suffered signficant "damage" from the publication, you might not be able to recover much compensation.

Note that while you can certainly look to press charges against or otherwise proceed against (e.g. sue) the employee who did this, you might not have any cause of action against the business: a business is NOT generally liable for the criminal actions of its employees, since criminal acts are almost by definition outside or beyind the employees' job responsibilities. (They are not hired to commit crimes.) Unless you can show special circumstances, like the business knew the employee was doing this but, knowing it, still refused to take action (e.g. firing the person) to stop it, you most likely have no claim against the business itself.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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