Indiana Libel & Slander Questions & Answers

Q: Can I sue McDonald's if their employee threaten me at the drive thru ?

1 Answer | Asked in Libel & Slander, Civil Rights and Consumer Law for Indiana on
Answered on Aug 5, 2017

You cane sue anyone you want. Whether or not you win is the real question. That said, an employer may be held liable for the actions of their employee.
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Q: Facebook and cps false allegations made of drugs and child abuse as well as residency. Proof of being false. What's next

1 Answer | Asked in Personal Injury, Child Custody, Small Claims and Libel & Slander for Indiana on
Answered on Jul 20, 2017

You may have a claim, but these types of claims are not only extremely difficult to prove, they also rarely pay out as there is no insurance and most individuals don't have the money to pay a substantial verdict. You also have to show the economic harm that these statements have caused, which is quite difficult.
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Q: My boyfriend was hit deliberately by an acquaintance. His sister went back and forth spreading information.

1 Answer | Asked in Libel & Slander and Personal Injury for Indiana on
Answered on Jun 22, 2017

You could but unless they have a lot of money you will spend a ton and get little. Suggest you contact an attorney for a cease and desist letter to her and facebook. There may be a possibility of a complaint to the police for harassment depending on the law in your state.
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Q: son was hit in the face by another boy the mom screamed in front of neighbors that my son was a drugie is this slander

1 Answer | Asked in Libel & Slander and Personal Injury for Indiana on
Answered on May 30, 2017

Your son being hit in the face isn't legal, that's battery. If your son was injured there is a chance you could sue for his injuries, but it'll be an uphill battle unless they have homeowners insurance. As far as the druggie allegations, libel or slander are very difficult to show.
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Q: If an ex employee of a restaurant posts a review on yelp about the unsanitary practices of the other employees which

1 Answer | Asked in Civil Litigation and Libel & Slander for Indiana on
Answered on May 5, 2017

True statements are not defamatory. Truth is actually a defense to an accusation of defamation.

Assuming you are the restaurant in this case, if its true it is not defamation. Let's say for the sake of argument that this wasn't true. What are your damages in this situation? The post was up for only two hours. Can you prove you suffered any harm or damages in this situation?
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Q: Home bought that was stamped unsafe and unaware of it at time of purchas.

1 Answer | Asked in Libel & Slander and Real Estate Law for Indiana on
Answered on Apr 20, 2017

You need to consult with a real estate attorney in your area ASAP. Depending on the reason for why the home was deemed unsafe for habitation and whether or not the previous owners knew about it, the previous owners could be liable for any damages related to having to find a new place to live as well as what you put into the house. This is based only on the limited facts available here.

Consult with a real estate attorney in your area ASAP.
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Q: Do I have a libel slander case

1 Answer | Asked in Libel & Slander for Indiana on
Answered on Aug 27, 2015

You have to take what you have to a local attorney to find out whether you even have a case. A question, with just one sentence following it cannot give enough facts for a solid opinion.

Q: Can we sue over someone bad mouthing us?

1 Answer | Asked in Libel & Slander for Indiana on
Answered on May 14, 2015

I would say that the best thing to do is that if you get sued by the car owner to counterclaim for defamation, and any other tings you might be able to think of. Defamation is a complicated area of the law, so I'd recommend talking to a local lawyer to whom you can tell all of the facts within the attorney-client relationship.

Best of luck!

Q: Doctor with established expertise in field. Do I have grounds for a libel/slander case?

1 Answer | Asked in Libel & Slander for Indiana on
Answered on May 14, 2015

Based solely on the facts presented, yes, with a caveat. That caveat being that there may be some privilege within the profession or recognized in the law that may absolve her of such liability. It is best to speak with a local lawyer with whom you can divulge all of the facts. There are 5 basic elements to a defamation claim; 1. a false statement, 2. about the Plaintiff, 3. published to a third party, 4. damage to reputation, (5. depending on the public figure/matter of public concern...

Q: Can I be sued for telling others about things that actually happened?

1 Answer | Asked in Libel & Slander for Indiana on
Answered on May 14, 2015

In Indiana truth is an absolute defense to libel or slander, which I will call defamation. Because of the absolute defense other torts that are recognized in other jurisdictions are not in Indiana. A defamation case requires 4-5 elements; 1. a false statement, 2. about the plaintiff, 3. published to a third party, 4. damage to the plaintiff's reputation, (5. strict liability, negligence, or what is called actual malice. That analysis depends on the status of the person being defamed, or the...

Q: Can family sue family for slander in Indiana?

1 Answer | Asked in Libel & Slander for Indiana on
Answered on Apr 29, 2015

From what you said it doesn't sound like there is anything untrue about what was said. Indiana might not recognize the tort of publication of private facts, so I don't see a case of it here. If Indiana still recognizes a private facts claim, the elements are: (1) a public disclosure of private information concerning the plaintiff that would be highly offensive and objectionable to a reasonable person of ordinary sensibilities; (2) to persons who have no legitimate interest in the information;...

Q: Online Libel

1 Answer | Asked in Libel & Slander for Indiana on
Answered on Apr 29, 2015

Yes, you can file a case for defamation and name John or Jane Does as defendants, as well as the company, until you find out who they are by serving the company with subpoenas to produce the IP addresses of the posters. It will take a little work, but if these statements are damaging your reputation to the point that something needs to be done, then go for it.

Q: Can someone file slander charges if you post on facebook about an exhusband using your credit card illegally

1 Answer | Asked in Libel & Slander for Indiana on
Answered on Apr 29, 2015

Truth is an absolute defense to libel (which is what it would be since it was in print). In fact a related claim that Indiana doesn't recognize, called publication of private fact, would also be unavailable to her because truth is seen as such an absolute defense. If such a case does get filed speak to an attorney immediately because using Indiana's anti-SLAPP suit has a finite limitations period.

Q: Can I file libel or slander charges against someone who has continually spread lies in emails to other people about me?

1 Answer | Asked in Libel & Slander for Indiana on
Answered on Apr 29, 2015

With libel, it matters a great deal what was said and how it was received by the reader. There is also a consideration of who you are in the community, and the subject matter of the conversation. These cases are very fact heavy, so you need to speak with a lawyer who can know all of the facts.

Best of luck!

Q: If a previous employer was telling customers that I was a thief, and had no actual proof of said crime, is there a case?

1 Answer | Asked in Libel & Slander for Indiana on
Answered on Apr 29, 2015

Did you suffer an economic or reputational loss in your community? If so, then there is a possibility of a case.

Q: I have been threatened to be sued based upon a Facebook post about a local companies failure to provide promised servic

1 Answer | Asked in Libel & Slander for Indiana on
Answered on May 16, 2014

Truth is an absolute defense to a lawsuit for libel and/or slander.

Q: Do I Need a slander attorney?

1 Answer | Asked in Libel & Slander for Indiana on
Answered on Aug 31, 2011

most importantly, you need to defend the civil case. in that case your lawyer may chose to assert a counterclaim on your husband's behalf against the accuser. there is strategy involved in doing so or not and your lawyer may think it better not to. he/she is in the best position to guide you on this and you should trust the advice. false accusations can be but are not always defamation ( slander is verbal and libel is written defamtion). simply, defamation is something communicated that is...

Q: Can charges be filed against an individual who is spreading lies constantly?

2 Answers | Asked in Libel & Slander for Indiana on
Answered on Jul 7, 2011

Yes, there is legal recourse. YOu ca nsue him for defamation. You also may be able to obtain a restraining order.

Q: Can charges be filed against an individual who is spreading lies constantly?

2 Answers | Asked in Libel & Slander for Indiana on
Answered on Jul 7, 2011

Yes, there is legal recourse. YOu ca nsue him for defamation. You also may be able to obtain a restraining order.

Q: If someone tells another person false acquisitions is that slander?

1 Answer | Asked in Libel & Slander for Indiana on
Answered on Jun 30, 2011

defamation is the publication of something untrue about someone else that causes damage. slander is doing it verbally and libel is doing it in writing. there are some things, if untrue, for which damages are presumed such as commission of a crime. therefore you might have a civil case for money damages against the defamer but depending on his/her collectability it may not be worth pursuing.

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