Los Angeles, CA asked in Consumer Law, Personal Injury, Internet Law and Libel & Slander for California

Q: A personal injury lawyer for his client states that I am intentionally disparaging the client's business online. How?

I posted the before and after pictures of a taxidermy service I received on my deceased pet. Honestly, I've contacted every facility in the U.S. for a redo and they all said, the pet is ruined, can't be redone, All confirmed the pet looked horrible and that it was not industry standard work. Originally I was seeking a refund, which the business denied, then I went to sue for a refund plus damages and my money was quickly returned. A few months later I posted before and after pictures of the service, because honestly I don't want this to happen to someone else. I accurately and honestly posted. The owner stated I staged the photos online, he has called me crazy, a liar, etc. online, but when he posted a picture of my pet without my permission to negate my claim that does not show the adequate damage he did and he would not remove the picture, I'd had enough. I then made a YT video of the before and after w/360 degree views of the damage. Does he have a case? Is it not free speech?

Lawyers: To answer this question, please Log In to your account.
1 Lawyer Answer
Answered
  • Palm Desert, CA
  • Licensed in California

A: ANYONE CAN SUE ANYONE FOR ANYTHING AT ANY TIME.........THE QUESTION IS WHETHER ONE CAN COLLECT AND THEN WHETHER THE SUIT IS IMPROPER THUS ALLOWING THE OTHER PARTY TO SUE FOR DAMAGES.

IF YOU WERE TO SUE YOU WOULD GO TO SMALL CLAIMS COURT I WOULD SUSPECT

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.