Alexander Florian Steciuch's answer I'm assuming you're asking if it is worth your time to sue the newspaper for defamation of some sort. In most cases, the answer is no. If you believe that you have been substantially harmed in some way due to this false information, please feel free to consult with a local attorney for legal advice.
Chase T Wilson's answer 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.
Peter Munsing's answer 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.
Chase T Wilson's answer 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.
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?
Alexander Florian Steciuch's answer 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.
Robert Jason De Groot's answer 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.
Timothy Coe's answer 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.
Timothy Coe's answer 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...
Timothy Coe's answer 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...
Timothy Coe's answer 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;...
Timothy Coe's answer 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.
Timothy Coe's answer 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.
Timothy Coe's answer 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.
Terrence Rubino's answer 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...
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