Many people find lawsuits distasteful, however, if you think about it they are often necessary. While lawsuits can be time-consuming and costly, they play a vital role in making sure that people have access to a fair and impartial system for resolving disputes and enforcing legal rights. Imagine a society without this system in place; people would be forced to resort to things like vigilante justice, leading to chaos and violence.
There are many different types of lawsuits. While some like personal injury (bank customer sues bank for slip and fall), and breach of contract (senior living facility sues contractor for halting work) are quite common, there are plenty of uncommon ones. As it’s important to be aware of legal avenues available to enforce your rights, here are 4 not so common types of lawsuits explained.
Alienation of Affection Lawsuits
Also known as “homewrecker” lawsuits, where someone has an affair with a married person that causes the breakup of the marriage, the abandoned spouse can bring an action against the “other woman” or “other man” for damages for alienation of affection.
Understandably, these lawsuits are controversial and no longer widely recognized.
Generally, to win an alienation of affection lawsuit, the plaintiff generally must show that:
- They were happily married before the start of the affair
- The defendant intentionally and maliciously interfered with the marriage
- The said interference is why there was a breakdown of the marriage and the loss of affection
- There was emotional distress because of the defendant’s actions
Private Nuisance Lawsuits
Nuisance lawsuits can be filed by anyone affected by a neighbor’s behavior or property. For example, if your neighbor is running a loud and disruptive business out of their home, you can sue for nuisance.
Generally, to win a nuisance lawsuit, the plaintiff must show that:
- The plaintiff has a right of occupancy
- There was a substantial and unreasonable interference with the use and enjoyment of their property
- The interference was because of the defendant’s actions or use of their property
- The interference was either intentional, negligent, or reckless
Revenge Porn Lawsuits
Revenge porn is the act of sharing sexually explicit photos or videos of someone without their consent. In more and more states, people can sue those who do this to them for invasion of privacy or emotional distress.
To win a revenge porn lawsuit, the plaintiff generally must show that:
- The defendant knowingly distributed explicit media of the plaintiff without their consent
- The distribution of the intimate images caused harm to the plaintiff
- Some jurisdictions may require additional elements to be proven, such as the relationship between the two parties
Palimony Lawsuits
Similar to the more popular alimony lawsuits, palimony lawsuits are filed by unmarried couples who have separated, typically by a partner who claims that the other made a promise to provide financial support which they failed to do.
Generally, to win a palimony lawsuit, the plaintiff must show that:
- There was a valid and enforceable agreement between the parties
- They performed services or made contributions to the relationship in reliance of said agreement
- The defendant benefited from said contributions
With any lawsuit, legal help is a good idea as individual cases require varying elements of proof. Contact a qualified attorney to discuss your options before you act.
