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?
2 Answers from Attorneys
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.
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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