Legal Question in Personal Injury in Georgia
Liability for Lawn Sign Libel
I bought a house from a builder who insisted we pay $1500 extra dollars at closing for illegitimate ''extra expenses'' that were not on the contract. Because we had a significant emotional investment in the house, in addition to sunk costs related to the loan, we bought the house.
I plan to complain to the Better Business Bureau, in addition to another creative idea:
On days when the subdivision the builder is developing has ''open houses'' I plan to display a large sign on my lawn that says ''[The Builder] cheated us out of $1500. He will cheat you too!''
How vulnerable to libel would I be? Is there a way I could alter the wording to insure against the charge?
1 Answer from Attorneys
Re: Liability for Lawn Sign Libel
Well, I dont have time in this response to go through NYTimes v. Sullivan or Gertz v. Welch. However, you are on thin ice with your sign. Truth is a defense, but I wouldn't rely on it. Sue him; write a letter to the local editor; file a complaint with the BBB, but your sign is a bad idea. However, its your life and your money. LIBEL - Published material meeting three conditions: The material is defamatory either on its face or indirectly; The defamatory statement is about someone who is identifiable to one or more persons; and, The material must be distributed to someone other than the offended party; i.e. published; distinguished from slander.
See, http://www.lectlaw.com/def/l032.htm
Hugh Wood