Legal Question in Personal Injury in California

Re: Private investigations and defamation.

Conducting such an investigation is perfectly legal, but there are limits to what your investigator can do (e.g., he can't obtain most medical or bank records, he can't ransack the subject's home or office, he can't tap their phones, etc.). An investigator who violates these rules may be liable for invasion of privacy, and you may be liable as well if he is acting under your direction at the time.

(You are probably not liable, however, if you give the investigator a general instruction like "Tell me everything you can about Mr. X," and he then performs specific, forbidden acts without your knowledge or consent.)

Most investigators -- especially licensed investigators -- are legit and respect these rules. Some are shady, and you should be careful whom you select.

Merely conducting an investigation can never be defamatory, although announcing to the world (or even to one person) that you have done so may trigger suspicion and could be defamatory if it implies some wrongdoing. Also, if the investigator knowingly or recklessly relays false information to you, then the investigator (not you) may be committing defamation.

If you receive information you reasonably believe to be true and relay it, only to learn later that it was false, you still will not have committed defamation; here again, though, the investigator may have committed defamation by giving you information he knew you would repeat to others.

Be careful, though; if the investigator spreads false information to others while he is working for you, you could be liable for his acts.

These are good reasons to select your investigator carefully. A good professional will not cause you any trouble, but others might cause you a great deal of grief.

Re: Private investigations and defamation.

It is not illegal, any licensed private investigator can do this for you.