Crescent City, CA asked in Civil Litigation and Libel & Slander for California

Q: Can a person be sue someone for defamation of caretor if they send you pictures of your son dead & call u a killer.

1 Lawyer Answer
John Karas
John Karas
  • Temecula, CA
  • Licensed in California

A: It depends. If pictures of your dead son and message that you're a "killer" were only sent to you, that's not defamation unless it was "published" (sent to other persons). Also, be aware that if you display or otherwise disseminate the pictures and message to someone else, the person tormenting you would not be held liable (responsible) as you be considered as having "re-published" the defamatory material yourself.

However, even if defamation doesn't apply, you have other potential remedies such as Intentional Infliction of Emotional Distress (IIED) among other others.

I suggest you consult with a skilled and experienced civil litigation attorney who handles defamation, IIED cases in your area.

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