Suing for Harassment

When people vent about the various irritating neighbors, coworkers and strangers who make their lives more difficult, they commonly end such rants with the threat, “I should sue him for harassment!”  But Pennsylvania law does not provide a legal remedy for ordinary aggravation, which is a part of living in a complex and populous society. That is, you cannot sue someone just because he is a jerk.

Pennsylvania law does, however, prohibit criminal harassment. A person commits the crime of harassment when she engages in specific conduct with the intent to harass, annoy or alarm a person. Harassing conduct includes hitting, touching, or threatening to hit or touch someone; following someone around in public; engaging in repeated conduct that serves no legitimate purpose; communicating lewd, threatening or obscene words to someone; or repeatedly communicating to someone at odd or inconvenient hours.

Criminal harassment crosses the line from normal, everyday annoyances into threatening or abusive behavior. Most of the time, gripes with neighbors and strangers come nowhere close to this level of abuse. In cases of criminal harassment, the proper course of action is to report the abusive conduct to the police and let them investigate and prosecute the crime. What is more, although the courts may award restitution to cover any actual damages suffered, no punishment for criminal harassment will reward damages for the mental anguish caused by the harassing behavior.

Suing someone in for harassment similarly requires conduct that goes far beyond the normal behavior of your average jerk. The more extreme the behavior is, the easier it will be to prove civil liability and damages. If the person has touched, hit, or caused something to hit you, then you may have a case for civil battery. If the person has put you in immediate fear of such unwanted physical contact, then you may have a case for assault.

If the person’s conduct falls short of being outright abusive or threatening, it is much harder to build a viable civil case. An invasion of your privacy, whether by a physical invasion into your solitude, or by invading your private affairs or concerns, may trigger civil liability if it would be considered highly offensive to a reasonable person. Of course, this can be quite difficult to prove. Alternatively, if the person’s behavior prevents you from being able to enjoy the use of your own property, there might be a case for nuisance.

(This article is intended as a discussion of legal topics that are often confusing to many lay people; it is not, and should not be relied on, as legal advice. The views expressed in this article are those of the individual contributor and do not necessarily reflect the opinions of the PA Focus. Attorney Jesse White is licensed to practice solely in Pennsylvania and any information discussed relates solely to Pennsylvania law. The hiring of a lawyer is an important decision that should only be made after careful consideration. If you feel you need to hire an attorney, contact The Law Office of Jesse White at 724-743-4444 or visit www.jessewhitelaw.com.)