Can I Sue for slander?

[LsPilot82]

What is the name of your state (only U.S. law)? FL

Earlier tonight i was shopping at a winn dixie with my Gf and some friends. We were in the medicine isle looking for some sleeping aid for my gf when a security officer for the store approached me and showed me a open empty box of tylenol and without saying who he was, asked me what i did with the bottle. I said i did nothing with it. He then said i have you on camera, what were you reaching for on the shelf? I said i was reaching for medicine. He continued to say i was a lier and that ive been caught and that i should fess up or he was going to call the police. Again i told him i had no clue what happened to the bottle that was in the empty box and that he was harrasing me and him calling me a thief and accusing me was unjust. I told him i have over $1500 cash on me and a cart full of groceries, of which had a closed bottle of tylenol in the buggy also that i showed him, why would i steal a $4 bottle when im about to spend $200 on food and stuff. Well he continued so i asked for the manager and infront of me, my GF, and my two friends, along with about 5 or 6 customers continued to call me a thief and lier and accused me of doing wrong. I told him to call the police if you want, but he didnt. I was humiliated in front of my peers and the customers and i feel that he handled it the wrong way. So do you guys think i have a case. Not only that we spent a good hour in there shopping and we were not able to finish and we left with no groceries due to humiliation.

 

[quincy]

To know if you have a case or not would require a review of all of the facts by an attorney in your area but, from what you have posted here, I do not see that you have a case that would be worth your time and the expense of pursuing. I agree with you, however, that the security officer handled this matter in the wrong way, and you may want to consider making a complaint to the store owner, if you have not done so already.

Any statement that falsely accuses a person of the commission of a crime is defamatory when "published" to others, and it is generally not a legal excuse that the defamatory statement was made in error, inadvertently, or with a belief that it was true. However, slander actions are tricky, frequently do not result in an award of damages that justify the expense of bringing suit, and have elements of proof that can be difficult to meet.

If you could prove the falsity of the statement made, you would have a better action, just as if the security officer could prove the truth of the statement, he would have a better defense. Neither of you can do this.

You would also need to show that the security officer did not exercise the degree of care that was required under the circumstances, and that would have been exercised by any reasonable or prudent person under the same circumstances. I am not at all sure you could prove negligence.

I also do not see that you have a reputational injury that would result in an award of damages. To support a defamation action, reputational injury should be more severe than ordinary and temporary humiliation. And reputational injury must be supported by competent evidence (loss of a job or income, demonstrable shunning in the community. . . ).

Given this, I think you do not have a case worth pursuing - but you can check it out with a Florida attorney.

And I think it might be wise to find another place to shop.