Slander by a neighbor

[Robin Maurer]

I live in a small town in Pennsylvania.

The problem started a couple of weeks ago right after a neighbor's yard sale. My sister and I were coming home after a walk while our neighbor was cleaning up after her sale.
Her young son had climbed up onto an unsturdy looking table when his mother was busy and had her back turned. It looked dangerous for him to be playing on so I told him that it was dangerous and that he could break the table. His mother turned around, yelled at him to get off, and screamed at me that she could handle the situation herself. I figured I'd better not argue and I said "I'm sorry" and walked away.
As my sister passed her, the woman yelled "Freaks!" at her.

I was ready to leave well enough alone and never speak to this neighbor again. I felt she was too volitile and didn't dare try. A few days later, my brother-in-law overheard her telling the apartment manager that I was a dangerous woman. It was rather distressing to me because I knew it wasn't true. I waited to see if the manager or landlord would say or do something about it, but they haven't. I don't believe they will.

I also get the feeling that the neighbor may have been telling other neighbors about me. A couple of the children from the complex who normally liked me have been acting strangely towards me. I think they have been told to stay away from me.

What I need to know is, what can I do legally? I'd hate to have to go to small claims court over this, but I would like to show her that I don't apreciate her slander. If it takes a lawsuit, I'd do it, though.

How far does slander have to go before a court takes it seriously? Do the people being told have to believe it? What sort of monitary amount is considered appropriate in this sort of case if any? Can the police do anything to stop something like this before it results in a court case? Should I get a lawyer?

Sincerly,
Robin Maurer

 

[JETX]

Since you have already determined that you want to take legal action against her ("If it takes a lawsuit, I'd do it, though."), here is what your next step should be:
Rob a bank. You will need to do this, since any lawsuit that you might consider will take the proverbial "Boatload full of money".

Small Claims courts are reserved for money actions only and since you haven't been damaged (at least monetarily), you will have to litigate in a 'real' court with the full requirements for legal processes, rules of evidence, etc. This will require an attorney, who will require LOTS of money to take this trivial matter to court (since there is NO chance of winning), there is no way that an attorney would take this on contingency.

And finally, after months and months of expense, time consuming depositions and the ordeal of a trial, in the EXTREMELY unlikely chance that you win, you can stick you tongue out at her and say "Na-Na". Since that is the only satisfaction you could win from her (remember, you haven't really been damaged!).

To answer your further questions:
Q1) "How far does slander have to go before a court takes it seriously?"
A1) A lot further than your POSSIBLE name-calling incident.

Q2) "Do the people being told have to believe it?"
A2) Generally, yes. They have to have taken some action (or ceased action) causing you to be damaged by that belief.

Q3) "What sort of monitary amount is considered appropriate in this sort of case if any?"
A3) Zero. Nada. Nothing. Zilch. And that is really too much!

Q4) "Can the police do anything to stop something like this before it results in a court case?"
A4) Yes. After they stop laughing and shaking their heads, they can all get back into their cars and go out after real problems. And, if you insist a whole lot, they might actually take a report.

Q5) "Should I get a lawyer?"
A5) Not until you rob that bank.

 

[Third Party]

There is little you can do.

Unfortunately there is little you can do. Cases involving defamation are very difficult to win. They are time consuming and usually not worth it to the typical citizen. Defamation cases are usually made when people have suffered damage from the defamation. You may think you have, but a court would not. For example, if you lost a $20,000 construction contract because a competitor had defamated your work, then this would be a good defamation case. An attorney would look at it this way also; hence you probably wouldn't find one to take your case.

Basically you can't do anything legally that would result in a positive value. So what do you do? I noticed that this mother is not very open-minded. In fact, she appeared bummish. I bet she is not too bright either. Play on that ignorance. Without getting into a confrontation that would indeed make matters worse, you could threaten to sue. In some cases, this is enough. It is free too.

A word of advice though... do not pay mind to gossip. It causes more problems than it is worth. If a person who has heard these things directly confronts you, then just correct what was said.

How far does slander have to go before a court takes it seriously?
a: The common law deinfes roughtly four types of false utterances that are considered slanded der per se (meaning that no proof od injury or harm is required for these false utterances to be actionable:
a statement that another has a loathsome communicable disease
a states tthat another has commiteed improprieties while engagin in a profession or trade
a states that another ahs committed or has been imprisoned for a serious crime
a states that an unmarried woman is unchaste
Do the people being told have to believe it?
a: If they don’t, what are you worried about? If it is conveyed to a third party or even if a third party overhears it, then that is technically enough
What sort of monitary amount is considered appropriate in this sort of case if any?
a: Any monetary amount lost as a result of the defamation
Can the police do anything to stop something like this before it results in a court case?
a: Depending on direct confrontations and third parties involved, you may be able to claim it to be harassment
Should I get a lawyer?
a: Again, one would probably take the case and would not do much good.

Again do not get into any confrontation, it will only worsen matters.

A$$ Saver aka…
Disclaimer:
I hope this is tidbit of fiction is helpful. Again, I am not an attorney. Do not perceive this as legal advice. You should consult an attorney to answer your questions. Do not rely on this advice. Forget you ever read it. You are not a client. I am not an attorney. This is merely babble in the wind.