Facebook Libel

[bronc6969]

My wife, her mother and father went into a popular fast food chain restaurant in Louisiana. The restaurant was conducting a drug test/urinalysis and had the specimen cups on one the general dining area tables. My wife took pictures of this. Later she posts the story on a social networking web site. After that, she posted the pictures on a the same site. Now, say the restaurant suffers lost revenue and it can be proven that the cause stemmed from the posted pictures and the posted story on a social web site. I believe we can be sued for libel. Is that the case? She has taken the post and pictures off the site.
Thanks!!!

 

[Antigone*]

My wife, her mother and father went into a popular fast food chain restaurant in Louisiana. The restaurant was conducting a drug test/urinalysis and had the specimen cups on one the general dining area tables. My wife took pictures of this. Later she posts the story on a social networking web site. After that, she posted the pictures on a the same site. Now, say the restaurant suffers lost revenue and it can be proven that the cause stemmed from the posted pictures and the posted story on a social web site. I believe we can be sued for libel. Is that the case? She has taken the post and pictures off the site.
Thanks!!!

US law only.

 

[Proserpina]

US law only.

Louisiana is still in the US innit?

 

[Antigone*]

Louisiana is still in the US innit?

it sure is. Tigi begs forgiveness for missing that.

 

[Proserpina]

it sure is. Tigi begs forgiveness for missing that.

We can discuss it at B&G later

 

[swalsh411]

I don't see any defamation here if they just posted pictures of and described what was going on in the public area of the restaurant.

 

[Hot Topic]

They accepted the risk that something negative might occur from leaving the cups out where they could be seen by the public.

 

[TigerD]

I'd like to know what the health inspector said about that.

DC

 

[The Occultist]

I'd like to know what the health inspector said about that.

DC

Although a good point, this is completely irrelevant to the OP's question. Bronc: for a defamation suit to be possible, it must be shown that the accusations are false; your pictures show that what you've stated are not false, and is the best defense to a defamation suit. Now, do keep in mind that using a defense means entering into a lawsuit set by the plaintiff, which can result in lengthy legal costs. Time for you to consult an attorney. Many attorneys will offer free/cheap consultation, and as such, you should sit down with a couple to see what insight they may have to offer.

 

[quincy]

I agree with The Occulist that a good defense is only good as a defense in court, and it will not prevent the restaurant from suing your wife over what she has published online about the restaurant.

And a seemingly solid defense of "truth" can be lost if what is published - the photos and the text accompanying the photos - goes beyond what can be proved as fact.

Although I know urine specimen cups are usually rather distinctive looking and are generally labeled to indicate which sample belongs to whom, how exactly did your wife and her parents become aware that these were, in fact, urine samples taken by the restaurant for purposes of testing its employees?

I think it was undoubtedly wise for your wife to remove the material about the restaurant from the website. If your wife is served with a complaint informing her she is being sued, that would be the time to consult with an attorney. In Louisiana, the restaurant has one year from the date of first publication of the website postings to file a defamation claim.