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Hi, my name is Lori. My question is, can i sue someone for continuously posting on facebook that I had killed my father?

Philadelphia, PA |

I will try and keep this as short as possible. I took care of my father (my mothers husband) for a good 10 years. my mother (54 years old) had left my father for another man for a good 11 years. my father was 78 years old at the time when i moved into their house to care for him. just recently my father had passed away due to natural cause, which the medical examiner clearified. Now because my mothers friend (a funeral director) told her that I killed him by starving him, she has been posting on facebook that I and my fiance had killed my father. her facebook is not only viewable to public, but she also shares 85 mutual friends of mine as well. Throughout this past year I and my husband have been approached, messaged, and called with questions concered about what has happened.destroying me

My mother is DESTROYING us. I already lost a few friends due to all of this. If I commited such a crime, why hasnt she called the cops?! I need her to stop doing this to me and my fiance. please, if there is anyone that can help, we would greatly appreciate it!! Thank you!!!

Attorney Answers 4

  1. I'm sorry to hear about this. Best bet is to report the abuse to FB, as a lawsuit would likely cost thousands more than would be recovered. Most defamation lawyers want a $5,000 retainer just to start work. Good luck.

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  2. On the one hand, accusing someone of murder is a statement that can serve as a basis for a defamation action. On the otherhand, the "truth" is always a defense to any claim of defamation, even if it causes the subject of the statement economical and/or emotional harm. The point is that if you commence an action do you want to litigate your father's medical condition in the legal forum, to determine in a lawsuit whether she has a "defense". This is so even if you haven't bee charged with the act accused of. If you are willing to go through that, then consult an attorney who is experienced in defamation actions, in your area. You should follow the advice already posted, that being to lodge a complaint with Face Book. You may also want to consider having an attorney send your mother a "cease and desist" letter - the threat of being sued may be enough to get your mother to stop.

  3. You can seek a restraining order to prevent her from harassing you.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  4. In Pennsylvania, accusing a person of a crime is defamation "per se." It is an actionable civil claim. You may be able to prevail in a claim, but you have to take a lot of things into consideration. Financially, what do you stand to gain from suing an individual (unless they are very wealthy)? If the funeral director making the defamatory statements actually handled your father's remains, it might be a different story. You might be able to bring a claim against the funeral home as the director is an agent/employee of the business.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. This answer is provided for informational purposes only. This answer does not constitute legal advice and it does not create an attorney/client relationship. More importantly, the information contained in this answer should not be relied on. You should consult an attorney who practices in the relevant area of the relevant jurisdiction.

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