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

[Bill Rogers III]

"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.

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...The manager saw me enter my club card which goes on record with the store. I reminded him of this on my way out of the store. When I called him after I left the store I gave him my name & cell phone number.

I don't know if this makes a difference or not but I'm rated 100% disabled by the Military for Post Tramatic Stress Disorder {PTSD}. I have been having night nares about my market experience just like the war nightmares that I get. So I have all the symtoms of PTSD from my market experience.

Oh, at first I said to the manager "what are you talking about"? {it took me awhile to figure out that I was being accused of theft}. Then I said several times "I didn't steal anything!" "I used my club card, you have my name & address!". So yes, he knew that he could find me. The manager walked away from me! Back into his {or a} office. THEN I asked the guard "what was going on". Oh, and I didn't 'run' anywhere. Remember I have PTSD, I HAD to get out of their before I 'lost control of myself'....

 

[Bill Rogers III]

....a couple more questions if you guys/gals don't mind. I'm going to fill out a ''Demand Letter with Intent to Sue'. When I send this form to the Supermarket chain should I attach the letter that I wrote describing, in my own word, what happened? Also, what is the amount that I should ask for? Thanks Everyone
Bill

 

[You Are Guilty]

....a couple more questions if you guys/gals don't mind. I'm going to fill out a ''Demand Letter with Intent to Sue'. When I send this form to the Supermarket chain should I attach the letter that I wrote describing, in my own word, what happened?

Hell yeah! Also, if you have photos, diagrams or even, say, a timeline, that would certainly make them stand up and take notice.

Also, what is the amount that I should ask for?

Start high so there's room to negotiate downwards later. Given the extraordinary emotional strain you've described, the potential loss of a carnal relationship, and what I'm sure will be dire erectile dysfunction, I'd say you should probably ask for somewhere in the $1-2 godzillion range, but that's just a guesstimate. The final number is entirely up to you.

 

[Bill Rogers III]

Hell yeah! Also, if you have photos, diagrams or even, say, a timeline, that would certainly make them stand up and take notice.



Start high so there's room to negotiate downwards later. Given the extraordinary emotional strain you've described, the potential loss of a carnal relationship, and what I'm sure will be dire erectile dysfunction, I'd say you should probably ask for somewhere in the $1-2 godzillion range, but that's just a guesstimate. The final number is entirely up to you.

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Yes, the letter that I wrote has a timeline, plus I saved my market receit. If I can get my scanner runnning I'll post the letter, wooops I see I can't post attachments, oh well.... I will print up a diagram of the store.... I will also get a letter from my Doctor this Friday.... I will attach my disability rating..... Should I attach a copy of my actual Military claim? Although I don't really want anyone to see that unless its absolutly necessary.....

.....Excuse me but is a godzillion more than a billion or is it between a million and a billion???
Thank You, Bill

 

[meganproser]

Slander is a false and unprivileged publication made orally either in person or by radio or television or by any other means which charges any person

with crime, or with having been indicted, convicted, or punished for crime,

imputes to a party the present existence of an infectious, contagious, or loathsome disease,

tends directly to injure a party in respect to such person's office, profession, trade or business, either by imputing to such party general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to the office, profession, trade, or business that has a natural tendency to lessen its profits,

imputes to such person impotence or a want of chastity and

by natural consequence, causes actual damage. (Cal.Civ.Code § 46)

 

[meganproser]

For JETX:

http://library.lp.findlaw.com/articles/file/00323/000724/title/Subject/topic/Civil Procedure_Former Adjudications/filename/civilprocedure_2_780

Patricia Rue worked for Kmart Corporation in one of its distribution centers. Kmart terminated Rue's employment, informing her that security personnel had observed her taking a bag of potato chips from inventory and eating the chips. After Rue's dismissal, other employees at the distribution center began to discuss her termination, causing a slowdown in productivity. To address the situation, Kmart informed the distribution center employees that Rue had been terminated for taking and eating a bag of potato chips.

Subsequently, Rue sued Kmart for defamation, arguing that Kmart defamed her by telling her former co-workers that she had "stolen" the potato chips.

The jury found Kmart liable for defamation and awarded Rue $90,000 in compensatory damages and $1.4 million in punitive damages.

Note: This case has to be retried because K-Mart had been denied an opportunity to present their defense of truth.

 

[msincognito]

I Am Always Liable is mostly correct.

Accusing someone of a crime is slander per se (as our lawyers attempt to drum into us oh, about twice a week.) As such, the plaintiff does not have to meet such a high standard of proving malice, and it's much easier to claim emotional distress damages absent any tangible evidence of lost income, etc. The plaintiff has a presumption of damages with slander per se, though a claim of actual damages (here, emotional distress) always ups the ante.

But the plaintiff still has to prove that the charges were communicated to others (always tough with slander) and that they were ever actually made. Unless the OP can produce disinterested witnesses (in other words, not your lady friend) to the altercation it will be a tough case to prove. I would suspect that you need a copy of the store surveillance tape, which is a good reason to get to a lawyer posthaste if you're serious about suing.

Finally, OP might have to undergo discovery as to the extent of his emotional distress, which can be very invasive. The store might also try to prove that he was indeed stealing (truth is a defense.)

 

[I AM ALWAYS LIABLE]

I Am Always Liable is mostly correct.

My response:

Mostly?

Remember, I was the first person who identified our writer's scenario as "slander per se". I also identified the various requirements and elements of "slander per se" - - which is what the writer's complaint is all about.

Our writer also said that the security guard and checkers saw what was happening and heard what was said, among other shoppers. So, I think he's got his witnesses. Sure, it's going to require work on his attorney's part to bring all the pieces of this puzzle together, but what lawsuit that's worth it's weight in gold ISN'T somewhat difficult?

IAAL

 

[casa]

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...The manager saw me enter my club card which goes on record with the store. I reminded him of this on my way out of the store. When I called him after I left the store I gave him my name & cell phone number.

I don't know if this makes a difference or not but I'm rated 100% disabled by the Military for Post Tramatic Stress Disorder {PTSD}. I have been having night nares about my market experience just like the war nightmares that I get. So I have all the symtoms of PTSD from my market experience.

Oh, at first I said to the manager "what are you talking about"? {it took me awhile to figure out that I was being accused of theft}. Then I said several times "I didn't steal anything!" "I used my club card, you have my name & address!". So yes, he knew that he could find me. The manager walked away from me! Back into his {or a} office. THEN I asked the guard "what was going on". Oh, and I didn't 'run' anywhere. Remember I have PTSD, I HAD to get out of their before I 'lost control of myself'....

I would certainly submit the relevant information re; public confrontations, fright/flight response, anxiety disorder reactions etc. from either ADA, sidran.org, or national organization of your choice to demonstrate in writing what PTSD sufferers experience in conflict/confrontation scenarios. (specifically Military Veterans who experience re-traumatization during public questioning of their integrity). In working in-patient psychiatric care we saw many veterans who had increased arousal, insomnia and dissociative symptoms when experiencing situations such as the one you've described.

Whether you follow through with a suit or not- Thank You for your service to our country.

 

[JETX]

The jury found Kmart liable for defamation and awarded Rue $90,000 in compensatory damages and $1.4 million in punitive damages.

Not even close to the same thing. In the case you cite, Rue was known by all the persons who heard the utterance, thereby she was found to be damaged by the claims made.

In this case, there is no evidence that the OP was known to anyone who might have heard the utterances. And if no one knew the OP (personally, business, etc.) the OP has not been damaged.

 

[casa]

Also, go to your VA or treating Dr. to address (& treat) your current symptoms so that there is documentation.

 

[pogo_80]

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...The manager saw me enter my club card which goes on record with the store. I reminded him of this on my way out of the store. When I called him after I left the store I gave him my name & cell phone number.

I don't know if this makes a difference or not but I'm rated 100% disabled by the Military for Post Tramatic Stress Disorder {PTSD}. I have been having night nares about my market experience just like the war nightmares that I get. So I have all the symtoms of PTSD from my market experience.

Oh, at first I said to the manager "what are you talking about"? {it took me awhile to figure out that I was being accused of theft}. Then I said several times "I didn't steal anything!" "I used my club card, you have my name & address!". So yes, he knew that he could find me. The manager walked away from me! Back into his {or a} office. THEN I asked the guard "what was going on". Oh, and I didn't 'run' anywhere. Remember I have PTSD, I HAD to get out of their before I 'lost control of myself'....

Just a bit of advice here. Make sure you get your story straight before you call an attorney. First you said the manager was yelling at you, then you asked the security guard about the matter, then you left the store. Then in a different post you wrote.. on your way out of the store, you reminded the manager about your club number. Then you wrote a few paragraphs later the store manager walked away from you, you asked the security guard about the matter and then you left the store. I'm seeing different stories here. Make sure you remember exactly what happened before you write it in a civil complaint.

 

[Bill Rogers III]

I would like to say a big THANK YOU to everyone for all your replies! So far, attorney's aren't exactly fighting each other off to get to my door. I guess the fact that I wasn't detained nor searched makes a BIG difference??? I'm going to just try to do it on my own {at least to start} & then go from there. I could pay something for legal expences but this market has deep pockets so I would never put out all the money necessary..... Thanks Again, Bill

 

[Shay-Pari'e]

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

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

Judgy! Your expecting Megan to state something about legal authority? I'm sending you a box of donuts for your wait time.

Megan, the egg mask on the face really does wonders. Add some apple cider viniger to the mix, and feel the tingling cleansing action.