Q: can I file a case for libel per se?
My son,s stepmother published online, in her published disertation, that she," experienced difficulties with the other biological parent, (me), owing to my mental health issues and alcholism."
I was recognised as the," other biological parent", owing to same surname.
The article was about her step parenting my autistic son.
This has harmed me very much in court as she and my x conserved my son with no due process12 years ago and I have been fighting for visitation ever since. I have transcripts to prove that I have been falsel labelled as a consequence.
A: Libel is a false written statement of fact that is published to third parties and which causes injuries to the person to whom the article was written about. For a per se case, the damages are implied due to the nature of the lie. There could be a few issues here. First, the statement may be true (not saying it is, but truth is a defense to libel). Assuming that the statement is not true, a court could also interpret the statement to be merely an "opinion." For example, being an alcoholic is an opinion. Some people may consider a person who drinks a few beers a week to be an alcoholic; others may think that is normal behavior.
A: Defamation cases are unique in many ways. One way they are special is that they have a short statute of limitations, so speak today with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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.
