Legal Question in Civil Litigation in New York
defamation of character
My husband has been employed by the same school district for almost 20 years. A parent recently filed charges with the Board of Education, accusing him of treating her son (a student) improperly. The charge was some type of alleged verbal abuse.
The parent filed the charges after calling our home to speak to my husband. I informed her that he was unavailable and advised her to call his office during business hours. She became enraged and filed her report the next morning.
After filing the report, she informed everyone who would listen to her.
The investigation is now over and the charge is unfounded.
Can we sue for her defamation of character in New York State?
2 Answers from Attorneys
Re: defamation of character
Defamation is an area of law that I have lots of experience. It is also a difficult area because there are many defenses - it is not enough that something untrue was said. In your situation, the common interest priviledge will likely apply. This means that if the people that the woman told the untrue statements to had a common interest with her in the matter, there is no case unless you can prove she spoke with malice which in the area of defamation means a high degree of certainty that the remark was false. In addition, in most cases (but not all) you have to have special damages - usually an economic loss resulting from the untrue statement. Sometimes you do not have to prove special damages. In your case, if the untrue statements dealt with your husband's profession, you might not need special damages. I know I've said a lot here. If you want to discuss the case, please feel free to call me at 212-622-7180.
Re: defamation of character
It is possible that you might. Defamation is a very very fact dependant matter. The background that you present is very general. You should discuss this matter with counsel.
If you would like to conact me for a consultation without charge, you are more than welcome.
Good Luck
RRG
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