Slander

[colette]

Whilst at the pool at my apartment complex with my two children ages 6 and 9 a woman who also lives here came over to me and started shouting that my 9 year old daughter was a child abuser! Apparently, her 4 year old son had been playing at the park one day and he'd gone home with mulch down his pants. She said that my daughter had pinned him to the floor and opened his pants and put mulch down them. However, two women who were at the pool said that they were at the park on the day in question and that one, my daughter had not put mulch down his pants, and two, that noone had pinned him down but that he and another kid were playing and that's how mulch got sown his pants. Do I have a case against this woman for coming down to a busy pool area and shouting in front of other people that my daughter is a child abuser?

 

[JETX]

In my opinion, unless you have a wheelbarrow full of money, you have no chance of bringing an action.

First, the facts in question are not clear and are in dispute. It is very possible that the mother of the other child believed that you child had done what was claimed. If so, you do not have slander since it requires 'knowledge that the statements made are without merit'.

Second, you have an issue of damages. Other than a simple hurt feelings and maybe embarassment, you have not been damaged.

Third, no attorney would consider taking this case on a contingency fee basis and would require a large retainer and hourly expenses. And, depending on the issues, your legal fees may not even be recoverable.

Forget about it and get on with your life.

 

[colette]

slander

I didn't want to make money out of this, I just wanted to know if there were any charges I could file. This woman is an absolute lunatic. Besides which, it is not my feelings that I'm worried about, I have a nine year old daughter who was stood there at the time and is now worried that other people will believe these lies about her. If she continues to spread these lies how do I stop her?

 

[JETX]

Okay, now you are getting confusing...

Your first post asked "Do I have a case against this woman for coming down to a busy pool area and shouting in front of other people that my daughter is a child abuser?" Obviously by asking if you 'have a case' you are talking about a civil matter. When I answered your post with 'no chance', you 'changed the tune' in replying, "I just wanted to know if there were any charges I could file.". That clearly means that you are asking about criminal charges.

Which is it????

1) If you are considering civil action, see my previous response (you have zero case).

2) If you are wondering about criminal action, contact your police (they will take a report MAYBE, but no criminal activity occurred based on your post).

Her stating lies, etc. is protected by free speech (First Amendment). Unless you can prove that they are slanderous or libelous or cause harm, there is little if anything you can do to stop her. Of course, you could take her behind the 'woodshed' and beat the crap out of her and, though it would probably make you feel better, you could face both criminal and civil liabilities. Or you could just ignore her, or you could move. Your choice.

 

[colette]

I, not being in the legal field, did not mean to confuse you!
When I said case I was being extremely generic. Obviously I did not know what I could do or I would not be posting on this site.
Thank you so much for taking time to answer my questions.