Legal Question in Civil Litigation in Michigan

Slander?

Hello,

I am a licensed social worker and recently after having an argument with my step daughter - in which she actually slung swear words at me repeatedly - went back to her Myspace online and wrote a nasty letter - without using my name, but stated that I verbally abused her and she went on to say ''fuck you'', normally this would not be so bad, however, her friend comments underneath her stating that ''my stepdaughters'' mother, is with a loser. This would infer to many, including my family members on the site that I was a verbal abuser and a loser. This is slander or not? When my family and who ever my step daughter lets on her site read it, it is damaging, especially due to the fact that I am a licensed social worker. What can you do for me? I already reported it to Myspace.


Asked on 8/01/08, 10:37 pm

3 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Slander?

Verbal abuse is not a crime, and being a loser is an opinion, therefore this is not slander, per se. Even if it was, your remedy would be to sue your stepdaughter for monetary damages. This is not a legal issue, as I see it. Tim Klisz

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Answered on 8/01/08, 10:47 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Slander?

To prove a claim for slander, the words or writing need to amount to more than just an opinion, and of course, must be entirely untrue. Also, you would need to demonstrate damages, which are often difficult in defamation and slanders claims, as most damages are embarassment, harm to reputation, etc., which are difficult to measure and prove.

While you could discuss this with her, or otherwise get a message to her that you may pursue a claim for slander, to scare her, and hopefully deter this type of immature and hurtful behavior against you (and others), it is not really worth pursuing, and would cost more money than it is worth.

While an attorney would likely not take your case, you could pursue it in small claims court and represent yourself.

Good luck.

Thanks.

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Answered on 8/01/08, 11:15 pm
William Morrison Action Defense Center

Re: Slander?

You infer, they imply. No, it's not slander - you mean to say libel. Opinions (loser) are neither.

Truth is an affirmative defense to libel.

Resorting to lawyers to remedy your family squabbles is truly an act of desperation.

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Answered on 8/02/08, 12:02 am


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