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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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