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Can I file a claim for defamation if my neighbor is saying untrue things about me?

This is a discussion on Can I file a claim for defamation if my neighbor is saying untrue things about me? within the Neighbor Law forum, part of the Other Real Estate Law Matters category; Can you file a lawsuit if your neighbor goes around telling other neighbors to stay away from you because you ...

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Old Jul 6th, 2009, 12:42 AM   #1
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Red Face Can I file a claim for defamation if my neighbor is saying untrue things about me?

Can you file a lawsuit if your neighbor goes around telling other neighbors to stay away from you because you are trouble?

Thanks for advice!!
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Old Jul 8th, 2009, 07:12 PM   #2
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Lightbulb Defamation of character: Potential claim

If the neighbor is saying untrue things about you, you have a potential claim for "defamation", and possibly other claims based on the law of the state you are in.

The term defamation of character is often used to describe accusations of slander, libel or both. Slander involves verbal derogatory statements, while libel involves written ones. In aaa court of law, the plaintiff pursuing the lawsuit would charge defamationdefamationdefamation of character to cover any form of false or damaging allegations.

Defamation of character is notoriously difficult to prove in court, although the actual effects can be quite evident and damaging. If aaa disgruntled customer of aaa restaurant tells numerous people that the head chef has AIDS, for example, sales for that restaurant could fall and the employee might lose his job or find it difficult to work. Because the customer's slanderous statement concerns aaa specific person and an unproven accusation, the chef may have aaa legitimate case of defamationdefamationdefamation of character.

The main problem with proving defamationdefamationdefamation of character is the protection of free speech guaranteed by the First Amendment. Courts generally agree that an opinion, no matter how malicious, is not the same as aaa stated fact. If the disgruntled customer had said "Don't eat at Joe's Cafe. III think the food is lousy and the chef is sick," then defamationdefamationdefamation of character would be difficult to prove. Other people can still form different opinions. Once the customer said "Don't eat at Joe's Cafe. III know the chef and he has AIDS," then aaa statement of fact has occurred and aaa claimclaimclaim of defamationdefamationdefamation of character can be pursued.

Read more about the Defamation of character:

What is Defamation of Character?
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