Can You Sue Someone for Hiring a Private Investigator?

The realization that you are being followed or investigated is unsettling. Whether it is a van parked down the street, a strange click on your phone line, or someone asking questions about you at your workplace, the feeling of intrusion is immediate.

The natural question that follows is: Is this legal? And can I sue the person responsible?

The short answer is: No, you generally cannot sue someone simply for hiring a private investigator.

In the United States, hiring a licensed investigator to gather information for a legitimate purpose—such as a divorce proceeding, a child custody case, or a corporate fraud investigation—is a protected legal activity. It is viewed by the courts as a necessary part of due diligence and legal preparation.

However, there is a massive exception to this rule.

While the act of hiring an investigator is legal, the methods used by that investigator may not be. If an investigator crosses the line from surveillance into harassment, trespassing, or invasion of privacy, the legal shield disappears.

In these cases, not only can the investigator be sued, but the person who hired them can often be held liable as well.

In this guide, the legal and investigative experts at Southern Recon Agency will break down the boundary between lawful surveillance and actionable harassment. We will explain when an investigation becomes a lawsuit, and—crucially for those looking to hire a PI—how to ensure your pursuit of the truth doesn’t land you in court as a defendant.

When Does an Investigation Become Illegal? (Grounds for a Lawsuit)

The line between “diligent surveillance” and “illegal harassment” is often thinner than people realize. While a licensed private investigator has the right to observe people in public spaces, they do not have special police powers. They cannot break the law to get results.

If an investigator crosses any of the following four lines, they—and potentially the client who hired them—can be sued in civil court and even face criminal charges.

1. Invasion of Privacy (Intrusion Upon Seclusion)

The most common ground for a lawsuit is a legal tort known as “Intrusion Upon Seclusion.”

• The Rule: You generally have no expectation of privacy in public. A PI can photograph you walking your dog, eating at a sidewalk café, or parking your car.
• The Violation: The moment a PI tries to capture what is happening behind closed doors, they have broken the law. This includes:
  • Using long-range telephoto lenses to photograph you inside your bedroom or living room.
  • Using thermal imaging or listening devices to “pierce” the walls of your home.
  • Hacking into your private cloud accounts (iCloud, Google Drive) to view private photos.

2. Harassment & Stalking

Surveillance becomes stalking when it is done with the intent to harass, intimidate, or cause emotional distress.

• The Rule: A PI can follow a subject to document their routine.
• The Violation: If the investigator makes their presence known to “scare” the subject, or continues to follow them in a threatening manner (e.g., tailgating, blocking their driveway, or approaching their children), this is no longer an investigation. It is menacing behavior that can lead to a restraining order and a lawsuit for Intentional Infliction of Emotional Distress.

3. Illegal GPS Tracking

This is a legal minefield. In the age of “AirTags” and cheap GPS magnets, many amateur investigators slap trackers on cars without knowing the statute.

• The Rule: In many states, you can only place a GPS tracker on a vehicle if you are the registered owner of that vehicle.
• The Violation: If a client hires a PI to track a girlfriend, an employee, or a business partner, and the PI places a tracker on a car the client does not own, they are often committing a crime. If you authorized this installation, you could be sued for civil damages.

4. Wiretapping (Audio Recording)

Video is often legal; audio is frequently a felony.

• The Rule: Federal law requires “One-Party Consent,” meaning one person in the conversation must know it’s being recorded. However, states like Florida, California, and Pennsylvania are “Two-Party Consent” states.
• The Violation: If a PI plants a bug in a conference room, or records a phone call where neither party knows they are being recorded (e.g., tapping a phone line), the evidence is inadmissible, and the lawsuit for damages can be astronomical.

Vicarious Liability: Can the Client Be Sued for the PI’s Mistakes?

This is the question that keeps corporate attorneys up at night. If you hire a private investigator and they break the law—by trespassing, hacking, or stalking—can you be held responsible?

Yes. It is called “Vicarious Liability.”

Many clients operate under the false assumption that a private investigator is an “independent contractor” who absorbs all the risk. They believe that if the investigator gets caught doing something illegal, it is the investigator’s problem, not theirs.

Courts often disagree.

The “Agency” Theory

In the eyes of the law, when you hire an investigator and give them instructions (e.g., “Find out where he is going tonight”), you may be establishing a “Master-Servant” or “Principal-Agent” relationship.

• The Risk: If the court determines that the investigator was acting under your control or direction to commit a tort (a civil wrong), you can be held just as liable as the person who actually committed the act.
• The “Deep Pockets” Problem: In many civil lawsuits, the plaintiff’s attorney will target the person with the most assets. A “budget” private investigator working out of their car likely has no insurance and no money. You, the business owner or homeowner, are the target worth suing.

Negligent Hiring

Even if you didn’t tell the investigator to break the law, you can still be sued for “Negligent Hiring.”

• What it means: If you hire an investigator without doing due diligence—failing to check if they are licensed, insured, or have a history of misconduct—a court can rule that you were negligent in your selection.
• The Consequence: If that investigator harms someone or damages property, you are liable because you introduced a dangerous, unqualified professional into the situation.

The Solution: The “SRA Shield”

The only way to protect yourself from Vicarious Liability is to demonstrate that you hired a reputable, licensed, and insured agency that operates lawfully.

• Strict Compliance: At Southern Recon Agency, our investigators are employees, not random subcontractors. They are trained in evidence admissibility and legal compliance.
• Insured for Your Protection: We carry comprehensive liability insurance. In the unlikely event of an error, our policy protects our agency and our clients. When you hire an uninsured amateur, you are effectively self-insuring their mistakes.

Modern Tech Risks: Drones, Spoofing, and Hacking

In the modern era, lawsuits against private investigators (and their clients) rarely involve someone jumping out of bushes with a camera. Today, the biggest legal liabilities come from the misuse of technology.

Clients often ask investigators to “hack” an email or “fly a drone” over a backyard, assuming these digital methods are a gray area. They are not. Federal and state laws are extremely clear, and violations here lead to federal lawsuits.

Unmanned Surveillance (Drones)

Drones have revolutionized surveillance, but they do not grant investigators a “Get Out of Jail Free” card for trespassing.

• The Law: The FAA regulates airspace, but state privacy laws regulate what you can see.
• The Risk: If a PI flies a drone over a fence to film someone sunbathing in their backyard (an area where they have a reasonable expectation of privacy), it is treated the same as if the PI climbed the fence himself. It is aerial trespass and invasion of privacy. You can be sued for the emotional distress caused by the “buzzing” drone and the intrusion.

The “Hacking” Trap (CFAA Violations)

A common request clients make is: “Can you get into their email?” or “Can you guess their Facebook password?”

• The Law: Accessing a computer, server, or online account without authorization is a violation of the Computer Fraud and Abuse Act (CFAA). This is a federal felony.
• The Risk: If you hire an investigator who claims they can “crack” an account, you are soliciting a federal crime. If caught, the civil damages are uncapped, and you could face prison time alongside the investigator.
• The SRA Approach: We do not “hack.” We perform Digital Forensics and Open Source Intelligence (OSINT). We gather information from the public web and analyze devices you legally own or have a court order to inspect. This gets you the data you need without the federal indictment.

Pretexting (Impersonation)

“Pretexting” is the act of lying about who you are to get information (e.g., calling a bank and pretending to be the account holder).

• The Law: While some mild pretexting is allowed in investigations, pretending to be the account holder to obtain financial, telephone, or medical records is illegal under federal statutes like the Gramm-Leach-Bliley Act.
• The Risk: If your PI impersonates the subject to get their phone logs, any evidence found is “fruit of the poisonous tree” and will be thrown out of court. The subject can then sue you for identity theft.

How to Hire a PI Without Getting Sued (Risk Mitigation)

The intention of this article is not to scare you away from hiring a private investigator. In fact, hiring a PI is often the only way to gather the objective evidence needed to win a court case or protect your family.

The goal is to ensure you hire a professional, not a liability.

To protect yourself from a lawsuit, follow this “Due Diligence” checklist before signing a retainer agreement:

1. Verify the License (Mandatory)

Never take an investigator’s word for it. In most states, including Florida, you can verify a Private Investigative Agency license online through the Department of Agriculture or Department of State.

• Red Flag: If they are “working under someone else’s license” but can’t produce the agency owner, walk away.

2. Demand Proof of Insurance

Ask specifically for a Certificate of General Liability Insurance.

• Why: This document proves that if the investigator accidentally damages property or is accused of negligence, an insurance carrier is there to cover the claim. If they don’t have insurance, you are the insurance.

3. Ask About Their Methods

A legitimate investigator should be able to explain how they plan to get the information legally.

• Ask: “How do you plan to track them?” or “How will you get those records?”
• Listen: If their answer involves “I have a buddy at the phone company” or “Don’t worry about how I do it,” you are entering dangerous legal territory. A pro will say, “We will use public database searches and mobile surveillance from public vantage points.”

4. Require a Retainer Agreement

Never hire a PI on a handshake. A professional agency provides a written contract that outlines the scope of work.

• Protection: This contract should explicitly state that the agency operates in accordance with all state and federal laws. This document protects you by proving you did not solicit illegal acts.

Conclusion: The Truth Shouldn’t Cost You a Lawsuit

Can you sue someone for hiring a private investigator? No, but you can absolutely sue them for hiring the wrong one.

The legal system protects those who seek the truth through lawful means. It punishes those who use “wild west” tactics to invade privacy and harass others. The difference between a successful court case and a defendant’s seat often comes down to the agency you choose to partner with.

Southern Recon Agency provides the peace of mind that comes with professional, licensed, and insured investigations. We understand that our job is not just to find the answers, but to protect your legal standing while we do it.

Don’t Risk Your Reputation

If you need to uncover the truth, do it the right way. Contact Southern Recon Agency today for a confidential consultation. Let our team of experts build an investigation strategy that is as defensible as it is effective.