Do I have a lawsuit for Slander &/or Defamation??? Please help!!!

[Bill Rogers III]

What is the name of your state? I live in California.
Hi Everyone, I was wondering if I have a potental lawsuit. I went into a major supermarket chain last night and while standing at the check out counter I was accused of stealing something. The manager asked me "Where is the tape that goes in here, do you have it"? "The tape that goes in here, I want it back, give it to me!". "You stole our tape and I want it back!". "The Security Guard saw you steal it, your on camera, I'm going to play our tape back and you'll go to jail!". He said all of this in front of the checker and customers. I then asked the security guard what was going on and he replyed "I don't know whats going on".
I then left the store and called. I asked the person who answered the phone if he was the person who accused me of stealing. He said "Yes". I gave him my name, asked his name, asked him if he'd played the tape back yet,and asked him to please call me with an appology when he say that I didn't steal anything. He said "No". I asked him again to call me and he hung up on me!
I was TOTALLY blown away when this happened! Embarrased, belittled, degraded and humiliated by this experience! My reputation has been damaged! I feel that he should have called me away from the checker and other customers before accusing me of stealing! What can I do about this? Thanks everyone, Bill

 

[seniorjudge]

Q: What can I do about this?

A: If you are innocent, get a lawyer and sue. If you are guilty, keep your mouth shut and hope for the best.

I noticed that in your post, you never denied the stealing.

What is the name of your state? I live in California.
Hi Everyone, I was wondering if I have a potental lawsuit. I went into a major supermarket chain last night and while standing at the check out counter I was accused of stealing something. The manager asked me "Where is the tape that goes in here, do you have it"? "The tape that goes in here, I want it back, give it to me!". "You stole our tape and I want it back!". "The Security Guard saw you steal it, your on camera, I'm going to play our tape back and you'll go to jail!". He said all of this in front of the checker and customers. I then asked the security guard what was going on and he replyed "I don't know whats going on".
I then left the store and called. I asked the person who answered the phone if he was the person who accused me of stealing. He said "Yes". I gave him my name, asked his name, asked him if he'd played the tape back yet,and asked him to please call me with an appology when he say that I didn't steal anything. He said "No". I asked him again to call me and he hung up on me!
I was TOTALLY blown away when this happened! Embarrased, belittled, degraded and humiliated by this experience! My reputation has been damaged! I feel that he should have called me away from the checker and other customers before accusing me of stealing! What can I do about this? Thanks everyone, Bill

 

[Bill Rogers III]

...give me a break! No I didn't steal anything. I'm a 57 year old respected member of the community. I didn't say that I didn't do it because to steal anything never even crosses my mind! Plus, I just believed the manager when he said that the whole store was on tape. So when they play the tape back the'll see that it wasn't me. Because I not only shop for myself but my aging parents as well I probably spend between $2000 & $2500 dollars a month at this particular market chain. If they thought I'd stollen anything I world not have minded nearly as much if they'd called me into an office or over to a deserted aisle. But in front of customers and the checkers? Or for that matter, when I called the manager back, all I did was ask him to appologise to me when he saw that it wasn't me on his tape and that would have been the end of it. But to HANG UP on me??? And he stood right there and watched me enter my club savings number! Anyway, thanks for your quick response. Do you thing that there is a chance I could handle this myself? If not, ok, I'll check with a lawyer. What do you believe is a fair monetary settlement to ask for something like this? Also, do you think that a lawyer would handle this on a contingency basis? THANKS Again, this site is great! Bill

 

[BelizeBreeze]

And of course, you can prove damages? How much have you lost due to this incident? Were you fired? Did you suffer medical problems for which a bill was presented? Did you have to bail out of jail?

Get the point?

 

[seniorjudge]

...give me a break! No I didn't steal anything. I'm a 57 year old respected member of the community. I didn't say that I didn't do it because to steal anything never even crosses my mind! Plus, I just believed the manager when he said that the whole store was on tape. So when they play the tape back the'll see that it wasn't me. Because I not only shop for myself but my aging parents as well I probably spend between $2000 & $2500 dollars a month at this particular market chain. If they thought I'd stollen anything I world not have minded nearly as much if they'd called me into an office or over to a deserted aisle. But in front of customers and the checkers? Or for that matter, when I called the manager back, all I did was ask him to appologise to me when he saw that it wasn't me on his tape and that would have been the end of it. But to HANG UP on me??? And he stood right there and watched me enter my club savings number! Anyway, thanks for your quick response. Do you thing that there is a chance I could handle this myself? If not, ok, I'll check with a lawyer. What do you believe is a fair monetary settlement to ask for something like this? Also, do you think that a lawyer would handle this on a contingency basis? THANKS Again, this site is great! Bill

What were your monetary damages?

 

[JETX]

See SJ!! This is what happens when you open the door with your response of "If you are innocent, get a lawyer and sue."

You know, or should have known, that this guy has NO case. He has NOT been 'harmed', nor has his reputation been defamed (as there is no statement of anyone knowing the OP witnessing the incident).

The LEGAL definition of slander:
n. oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove.

And even if the OP were to have a case, the reality is.... he would need somewhere around $5000 to pay an attorney to even bring the matter to court.

Bottom line to the OP:
Get over it. The merchant has a reasonable right to protect their property. And you certainly have the right to not shop there in the future.

 

[seniorjudge]

See SJ!! This is what happens when you open the door with your response of "If you are innocent, get a lawyer and sue."

I am a secret lobbyist for trial lawyers.

Ooops...now I let it slip!

 

[I AM ALWAYS LIABLE]

My response:

Actually, our writer does APPEAR to have a decent case against the store, and the store employee who uttered the slanderous statement. Our writer was accused of a crime - - and that amounts to "slander per se". In such a case, actual damages need not be proven if the statement is presumptively injurious - -i.e., "slander per se." An utterance constitutes slander per se if it:

• Charges any person with crime involving moral turpitude, or having committed or been punished for a crime;

• Tends to injure the person with respect to his or her profession, business, or office; or

• Imputes to the person impotence, promiscuity, or the existence of an infectious, contagious or loathsome disease. [Ca Civil § 46; BAJI 7.00; and see Rest.2d Torts § 570 et seq.]

Punitive damages can be quite hefty in California. In other words, I wouldn't want to be on the receiving end of our writer's lawsuit.

IAAL

 

[JETX]

Actually, our writer does APPEAR to have a decent case against the store, and the store employee who uttered the slanderous statement.

With all due respect, I don't know how 'decent' that might be. The first problem I see is in even proving it happened as the OP claims. That will require getting an independent witness to affirm the statements were made and that any of the conditions you note are met.

Charges any person with crime involving moral turpitude, or having committed or been punished for a crime;
I really don't think "Stop Thief!!" (in essence what we have here) will meet that requirement.

Tends to injure the person with respect to his or her profession, business, or office;
We have nothing to indicate that is the case.

Imputes to the person impotence, promiscuity, or the existence of an infectious, contagious or loathsome disease.
Unless the store employee shouted "Stop Thief!! Yes, you!! The impotent, promiscuious person with the 'infectious, contagious or loathsome disease'!!", I doubt this one works either!!

So, unless you are volunteering to represent the OP on a contingent fee basis, I still think he will have to come up with some fairly significant money to even get an attorney to proceed with his 'case'.

 

[seniorjudge]

With all due respect, I don't know how 'decent' that might be. The first problem I see is in even proving it happened as the OP claims. That will require getting an independent witness to affirm the statements were made and that any of the conditions you note are met.

Charges any person with crime involving moral turpitude, or having committed or been punished for a crime;

"You stole our tape and I want it back!". "The Security Guard saw you steal it, your on camera, I'm going to play our tape back and you'll go to jail!".

This sounds like accusation of a crime to me. Let's assume that it is and OP can prove it.

I still want to know (assuming that) what OP's damages are.

 

[Bill Rogers III]

I would like to offer a HUGE Thank You to everyone who replyed! ... I made a Doctors appointment with a Psychiatrist for this Friday. I need to talk about what happened with someone as I am quite upset over this matter. I was TOTALLY embarrised, belittled, degraded, and humiliated by this unpleasant experience. My reputation has been damaged. I am extreemly attracted to the particular checker that was on duty that night. I had planned on asking her out!
I don't know if that means anything to the courts or not? Is the loss of a potential relationship, may be marrage, kids, the whole shot, worth anything in damages? Plus, I have a doctors appointment to pay for {It's up to the doctor but may be he'll want to see me more than once?} He's $150 dollars an hour!!! I have no insurance to cover this. Thanks Again, Bill

 

[JETX]

I don't know if that means anything to the courts or not? Is the loss of a potential relationship, may be marrage, kids, the whole shot, worth anything in damages?

And lets not forget the value of that winning lottery ticket you were going to purchase from your potential 'sweetheart'. Hell, that 'loss' in itself should be sufficient to warrant a huge settlement offer!!

Plus, I have a doctors appointment to pay for {It's up to the doctor but may be he'll want to see me more than once?} He's $150 dollars an hour!!! I have no insurance to cover this.

Then cancel your appointment!!! In my opinion, you will never, EVER get a court to compensate you for this 'damage'.

 

[pogo_80]

I would like to offer a HUGE Thank You to everyone who replyed! ... I made a Doctors appointment with a Psychiatrist for this Friday. I need to talk about what happened with someone as I am quite upset over this matter. I was TOTALLY embarrised, belittled, degraded, and humiliated by this unpleasant experience. My reputation has been damaged. I am extreemly attracted to the particular checker that was on duty that night. I had planned on asking her out!
I don't know if that means anything to the courts or not? Is the loss of a potential relationship, may be marrage, kids, the whole shot, worth anything in damages? Plus, I have a doctors appointment to pay for {It's up to the doctor but may be he'll want to see me more than once?} He's $150 dollars an hour!!! I have no insurance to cover this. Thanks Again, Bill

LMAO! Don't forget the loss of potential earnings from those unborn kids.

 

[meganproser]

"The Security Guard saw you steal it, your on camera, I'm going to play our tape back and you'll go to jail!". He said all of this in front of the checker and customers.”

What did you say to the manager?

“I then asked the security guard what was going on and he replyed "I don't know whats going on".

The guard was not the one confronting you...what did you say to the manager?

”I then left the store...”

After the guard told you HE didn’t know what was going on, you simply walked away from the angry manager? The manager said nothing more to you? Did he come outside to get your tag number so he could call the cops or does he already KNOW WHO YOU ARE?

You’ve got to have a witness. Assuming you find a witness that will verify your version of events and assuming the store manager can’t successfully present a defense of “truth”, you have a claim. There is no need for you to prove money damages of any kind. The damage is presumed in slander per se.

If you plan to proceed with a claim, you’d better move fast to get statements from the potential witnesses. The manager only needs to find himself one witness who will say he saw you steal something.

Innocent people generally stick around and insist on emptying their pockets so that the accuser and everyone else can see right away, that someone has made a mistake. If you ran out before really answering the accusations, the manager is going to insist you really did steal something and you are going to have a hard time getting the jury to believe otherwise.

 

[seniorjudge]

There is no need for you to prove money damages of any kind.

Please cite your legal authority for this astounding statement. Thank you.