Thursday, December 10, 2009

Can I sue for slander?

I serve on a Board for the homeowners assocation. A neighbor mailed letters to every home in the neighborhood accusing me by name, several times, that I was breaking State of Florida Sunshine Laws. His statements are totally false allegations; which can be proven. Can I sue them?



Can I sue for slander?performing arts



Before suing anyone. I generally just get over it.



Generally, it is much more efficient. Takes up much less of my valuable time.



Can I sue for slander?binoculars opera theater



Yes for libel, but what are your damages? How has it monetarily affected you? Just respond to the allegations in a tempered, polite way that reflects how large an idiot your neighbor is.
If the allegations are totally unsubstantiated and false then yes you can sue however i would be asking myself these questions:



Firstly is what they are saying so bad that it is going to have a major impact on your reputation or cause you long term emotional stress?



Secondly can you afford the legal costs - you always need to consider what costs you would have to fork out if you loose or if the case is thrown out



Thirdly are there things in your history that may be dragged into this and that you wouldnt want to come to light



And last - what sort of impact will taking this to court have on your family?
If it's in writing, then it's libel. And I'm sure there are plenty of lawyers willing to take your money.
Not if you want to remain on the Homeowner's Association Board. To sue for slander or libel it would need to be malicious intent and you would have to prove actual damages in order to get anything. Being that the you elected to be on Board, you elected to be open to criticism by its members. More than likely, he is not trying to do anything to you personally, his views are just that, his views, and he may truly believe that they are accurate; therefore, there is no malicious intent. If you can't stand the heat, stay out of the kitchen...resign you position on Board.



A better way to handle it to address it at the next Homeowner's association meeting and educate everyone as to his misinformed allegations and why they are false and unfounded, then move on to the next order of business.
You can sue your neighbor for defamation by libel. I've attached a very thorough definition. Good Luck! ps.



be careful you are not guilty of slander in the process.



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In law, defamation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against criticism.



The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.



"Defamation" is the general term used internationally, and is used in this article where it is not necessary to distinguish between "slander" and "libel". Libel and slander both require publication. The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc and the like, then it is considered libel.

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