Legal Question in Civil Litigation in New York
defamation and slander
How do I handle defamation and slander over the internet. My competition issues defamatory statments about me on a daily basis. I have proof that I have lost business based on these statements.
Will a lawyer take a case like this for a percentage of the damages allowed in a law suite?
1 Answer from Attorneys
Re: defamation and slander
It depends on what the statement says. If the statement expresses an opinion (ex. I like my widget better than xyz widget), it is not libel. If the statement is not directed at your service or product (ex. My widget performs better than other widgets in its category), it is not libel. Finally, if the statement is true (ex. my widget has a doohickey and xyz widget does not have a doohickey), it is not liable.
In response to your second question, an attorney may take the case on a contingent basis using three important considerations: 1. Is there merit to your claim; 2. Are you damaged; and 3. Does the defendant have a �deep pocket� to pay damages.
Mike.
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