Is this defamation of character or slander?

[Culee504]

What is the name of your state? Louisiana
A short while ago I went into a Walgreens store and upon walking in crew member there approached me in a rude and absurd Manner and claimed that I was a person that was stealing out of their store she continued to follow me around the store while constantly telling me get out of her store that I was still in that I was a thief and that I should leave or she's going to call the police I I told her to go ahead and call the police and I waited until they got there the police looked at the video and saw that I was not the person apologize to me and took my information the store manager also gave me a number to call to file a complaint and I am trying to see is this a case where I can file a lawsuit for defamation of character or slandering.

 

[LdiJ]

What is the name of your state? Louisiana
A short while ago I went into a Walgreens store and upon walking in crew member there approached me in a rude and absurd Manner and claimed that I was a person that was stealing out of their store she continued to follow me around the store while constantly telling me get out of her store that I was still in that I was a thief and that I should leave or she's going to call the police I I told her to go ahead and call the police and I waited until they got there the police looked at the video and saw that I was not the person apologize to me and took my information the store manager also gave me a number to call to file a complaint and I am trying to see is this a case where I can file a lawsuit for defamation of character or slandering.

If you are hoping to win the lawsuit lottery its unlikely that you have the kind of damages that would get you any real money. If you are hoping to get the employee in trouble, maybe fired, and maybe get some benefits of some sort from Walgreens (coupons, a discount car, a gift card etc.) and an apology from corporate headquarters that is quite possible if you go ahead and file the complaint.

 

[quincy]

Defamation includes both libel (which is written) and slander (which is oral/spoken).

Here is a link to a Louisiana Supreme Court Opinion which details the elements of defamation:
http://www.lasc.org/opinions/96C2388.OPN.pdf

Defamation is the communication of a false statement of fact to someone or others than the person defamed. A demonstrable injury to the defamed person’s reputation must result for a defamation claim to be successful.

It appears that the Walgreens employee suspected you of theft but apologies were offered when it was shown the employee was mistaken. I do not see that you have any damages that would warrant the high costs of pursuing a legal action, nor do I think you would be successful with a defamation lawsuit were you to pursue one.

I understand you were probably embarrassed by the false accusation and inconvenienced. These factors alone are not enough, in my opinion, to do anything other than complain to management and perhaps take your business elsewhere from now on.

 

[Zigner]

Please note that, once you were asked (told) to leave, you should have left. Beyond that, you were trespassing.

 

[quincy]

I can understand not leaving a store just because some random store employee tells you to leave and I can understand one wanting to wait for the police - but, yes, if a store manager asks you to leave, it is generally best to leave.

 

[FlyingRon]

This is not slander. Being rude or saying false things about you to YOU isn't actionable, nor is making such statements to the police. You have zero basis for a lawsuit. The store is under no obligation to issue apologies no matter what the police said.

 

[quincy]

Falsely accusing someone of a crime is defamatory in all states.

 

[FlyingRon]

Falsely accusing someone of a crime is defamatory in all states.

That is patently absurdly wrong for several reasons. First, it's actionable only if it is knowingly or recklessly false. If it is merely erroneous, isn't necessarily defamation. Further, I can call you a crook all day long to your face, it's only defamation if I make it to a third party.

 

[eerelations]

That is patently absurdly wrong for several reasons. First, it's actionable only if it is knowingly or recklessly false. If it is merely erroneous, isn't necessarily defamation. Further, I can call you a crook all day long to your face, it's only defamation if I make it to a third party.

Including if a third party is within hearing distance.

 

[quincy]

That is patently absurdly wrong for several reasons. First, it's actionable only if it is knowingly or recklessly false. If it is merely erroneous or an opininion, it isn't' defamation. Further, I can call you a crook all day long to your face, it's only defamation if I make it to a third party.

I made some assumptions - and one assumption was that the Walgreens was not empty of other shoppers who heard the comments.

Knowingly or recklessly false is necessary to show actual malice. It is not the standard of fault for private figure defamation.

And a false accusation of a crime is defamation per se in the majority of states.

What is missing is apparent injury to Culee’s reputation.

Communication to a third person, by the way, is all that is required. It doesn’t matter who that third person is except in determining injury and damages and unless the communication is privileged (as it would be in a report to the police).