• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Slander / Defamation - Is This Legit??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

choinga

Junior Member
Im in the state of Texas.

I have a relative who works in a child care facility. Her boss and another senior member of the staff (long story short) basically suggested to her that she hit her child with an object (a spoon specifically) after my relative was asked if she had used corporal type punishment on her child and replied "No, we don't believe in that". It should be noted that her child also attends this day care facility although she isn't under direct control of the relative while there (she's in a different class than my relative teaches).

My relative told my wife - who is VERY passionate about this topic - who frequents and posts on a yahoo newsgroup that discusses a variety of topics related to our neighborhood. My wife basically said in the post that she had learned that her relative was told by senior members of the staff there that she should spank her 2.5 year old child in response to an existing post on that message board regarding the day care facility.

The lady who owns the place is threating a slander (assuming this more on the lines of libel based on the medium) and I'm curious what folks think. If she continues, we'll obviously find an attorney whose versed in internet related defamatory litigation but everything I've read so far basically says that if what was said is indeed true that the potential plantiff here pretty much has no case. Is that correct?

We've found out from several people who have responded back to my wife directly that there are a number of folks, including a few that used to work there, that have similar stories. So, there is a history there - including a CPS (child protective services) case where they were called to investigate something about a year ago.

Assuming this is a he-said / she-said - how ugly could this get if she continues forward and files a lawsuit?

Just curious if anyone has been through something similar or has some input (obviously not looking for 'legal advice' here - but more of an interpretation of the law and how this potentially could play out).

Thanks for reading and look forward to reading the replies.

Regards!
 
Last edited:


seniorjudge

Senior Member
Q: If she continues, we'll obviously find an attorney whose versed in internet related defamatory litigation but everything I've read so far basically says that if what was said is indeed true that the potential plantiff here pretty much has no case. Is that correct?

A: Yes.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top