• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Proving Slander

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jaybiro

Guest
From California.
A neighbor, who lets her dogs run loose, has elected to blame me for their deaths, claiming that I am poisoning her dogs. Other neighbors have told me that she has claimed this. Poisoning dogs is a crime. I am not poisoning her dogs, and she has no evidence to connect me to this. By publicly stating her belief that I am a criminal, she has committed slander.
But as I read the legal Q&A, in order to prevail against her in a lawsuit for damage to my reputation caused by her slander, I must prove that I am NOT poisoning dogs. Now I ask you, how can I prove that? Isn't proving a negative a nonsequitur in law?
Thank you for your interest and attention. Jaybiro
 


TYRIS

Member
you talking civil law and i don't usually deal with that side. you could try to prove slander, but i believe it would cost you more in court costs then you would recieve. you state that she has publically stated that you are a criminal and that you poisoned her dogs. just telling a neighbor isn't enough. did she place this in the local paper? did she proclaim it where the local morjority is? if not, and she only stated it to a couple of neighbors, you may have trouble proving it. if she contues it, file harrasment charges against her. good luck.

TYRIS
 

JETX

Senior Member
You said, "But as I read the legal Q&A, in order to prevail against her in a lawsuit for damage to my reputation caused by her slander, I must prove that I am NOT poisoning dogs."

I believe you have misinterpreted the statement (whatever it was). Truth is the ultimate defense against a claim of defamation, simply "If it is true, you have NOT defamed someone". You seem to have reversed this. In this example, IF you had in fact poisoned her dogs, her saying you did would NOT be defamation (or slander).
 
J

jaybiro

Guest
Proving Slander: Attn. Halket

Thank you for your response. You say I may have misinterpreted what I read. On this site, under Q&A for Defamation, there is the question: CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME? Answer: In order to prove defamation, you have to be able to prove that what was said or written about you was false.
So if that is the point, then my question still stands. How can I prove that I did NOT poison dogs? Rather, is not the burden on the defendant to prove that I did, and that I am not required to prove anything? Thank you.
 

JETX

Senior Member
Somehow, this has gotten reversed incorrectly. The simple matter is.... if someone says something false about you and you suffer damages from this, you MIGHT be able to take action, depending on the circumstances and your state law.

However, if the party is able to show that you in fact did what was claimed (the assertion was true), then there is simply NO defamation.

"ARE THERE DEFENSES TO DEFAMATION?
Establishing the truth is the single most effective defense that can be offered. If the remark is truthful and it "hurts", is embarrassing, or subjects you to ridicule, there is little you can do. Unfortunately, unless the remark is false, you have no recourse."

If you want further, click on:
http://injury-law.freeadvice.com/libel_and_slander/
 
J

jaybiro

Guest
Thank you. But my point, as to the erroneous and misleading language on this subject on this website stands.
 
C

curtisd

Guest
Re: Proving Slander: Attn. Halket

jaybiro said:
Thank you for your response. You say I may have misinterpreted what I read. On this site, under Q&A for Defamation, there is the question: CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME? Answer: In order to prove defamation, you have to be able to prove that what was said or written about you was false.
So if that is the point, then my question still stands. How can I prove that I did NOT poison dogs? Rather, is not the burden on the defendant to prove that I did, and that I am not required to prove anything? Thank you.
please enlighten me-is defamation the same as slander and don't you also have to prove you incurred damages as a result of the slander-i seem to have lost my lawyer 101 book so i'm not sure
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top