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What is the recourse to slander?

Jacksonville, FL |

I've looked on my daughter's blog and she is slandering me. She has said I take her underage daughter to bars. She said we give our grandson pornography. She tells lies about her daughter. She has some issues (mental stability) and her husband won't help her get help. But she shouldn't be lieing.

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Attorney answers 3

Posted

Although I am not in your jurisdiction, it appears you have a clear case against your daughter for slander if the things she is stating are not true. You could also possible get an injunction to prevent her from blogging these lies. Consult with an attorney in your area who specializes in defamation.

Posted

As long as you can prove those things are untrue you would have a civil suit for slander. Your remedies would be an injunction prohibiting further statements and possible claim for damages. Consult a local attorney for your rights to be protected.

Posted

Slander is the spoken/verbal form of defamation (whereas libel is the printed form of defamation). Defamation can give rise to civil liability if the statements are proven false. Generally, one of the greatest challenges in proving a defamation claim is damages.

When you seek an attorney to represent you in a defamation claim, he/she will want know how you were damaged in order to evaluate the potential money damages as compensation. Emotional distress manifested by physical injury (headaches, sleeplessness, etc.) and confirmed by a treating doctor, i.e. psychiatrist, is an example. Loss of job opportunities (which must be provable, i.e. owner of business says he/she didn't hire you because of the slander, etc.) is another example of damages.

Damage to your reputation is yet another form of damages, but also very hard to prove. Consider, close friends or family may say they don't believe the false statements/allegations, so your reputation with them has not been harmed.

The bottom line is even the clearest case of defamation may hit a snag when it comes to proving damages.

Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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