libelous book author?

[deltoro]

What is the name of your state? NY

An individual is selling a book via the internet that he authored. In the book, the author has based one character on myself. Anyone who has read the book and knows me and the author will easily recognize myself as the character in question. For example, the author uses my first name for the character and the real first name of one of my siblings to further imply that the character is really me. There are other "clues" that he uses as well that lead the reader to believe that the character and the entire story is a thinly veiled version of real people and events. Factually however, none of the events attributed to "my" character ever happened (specifically, "my" character is involved in sexually perverted situations in the book with the author's "character") although readers may believe otherwise since the book reads as an autobiography of sorts.

In addition, the author failed to include a disclaimer to the effect that "all the events and characters in this book are ficticious etc.".

I believe I have been smeared and libeled through this book. Do I have any legal recourse?

 

[racer72]

Till you can proved you are personally damaged, you have no claim.

 

[deltoro]

character asassination is libel

whether you prove you've been damaged or not.

 

[panzertanker]

whether you prove you've been damaged or not.

Is this an update from your lawyer?

 

[BelizeBreeze]

whether you prove you've been damaged or not.

If you already know the answer then why are you seeking OUR advice?

 

[Quaere]

Deltoro, you have right idea re. damages.

If you can prove he has made defamatory false statements of fact that others will reasonably believe are about you, you may have a valid libel claim.

Your problem will be with the truth defense. If he insists the stories are true, you would have to be able to prove they are not true.

Is the book self-published? Are you a public figure?