Legal Question in Personal Injury in Louisiana

libel

A client sent an email to me accusing

my employee of hurting her child.

She sent copies of the email to many

people in the community including a

prominent daycare which used to

refer many clients. This daycare no

longer refers clients. The State Board

has looked into her claim and ruled

that the client's accusations were

false. Since the client's email with

false accusations have damaged my

referral source, do I have grounds for

a libel suit? Also since she composed

the email on company time, using

the company's signature on the

bottom of the email, do I have a case

against the company as well?


Asked on 10/04/08, 5:54 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: libel

You need to sit down with an attorney to speak about the details. You do not say what you do nor do you say what the accusing person does. Truth is a defense to libel/slander and therefore knowingly making false accusations about someone that causes them damage is actionable. However, just because the person put the lie on company letterhead and did it on company time does not make the company liable since the person would have to be acting for the company. So, it appears the person is liable for the lie, but more would have to be investigated to see if the company was. In order to do that, the company would have to be contacted and the matter discussed with them. That might result in adverse actions being taken against your accuser by their employer. So, contact an attorney.

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Answered on 10/05/08, 8:53 am
Adam Lambert The Law Office of Adam S. Lambert

Re: libel

You certainly have a claim against the individual. The company may be harder to get to, but it would certainly be worth pursuing. I would suggest gathering as much information as you can (the libelous emails, information on the amount of your damages, etc) and set up an appointment with a local attorney.

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Answered on 10/05/08, 12:35 pm


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