Legal Question in Personal Injury in Pennsylvania

cause of action for defamation for private individual

does a private individual have a cause of action for defamation for false publication of an obituary if the party is not dead


Asked on 3/02/98, 4:54 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

False obituary -- good news and bad news

As a PA lawyer, I'd be happy to see if I could help you directly.

It doesn't sound like a defamation action, because that needs more than something false: it has to be such as will harm your reputation and bring you into disrepute. Unless the obit reported that you died from doing something horrible, it doesn't sound defamatory.

However, there might be some other type of claims available, depending on how the false obit got published. For example, if it was done deliberately, by someone who wanted to cause you harm, it sounds like a fairly good case for "intentional infliction of emotional distress." And that's saying something, because Pennsylvania allows a lot of leeway in rude, nasty conduct before it rises to that level. But this sounds like it migth be actionable. The related question, as always in novel or unusual lawsuits, is to prove the value and severity of damages suffered.

As I said, since you're in PA, feel free to call or email me if you'd like to consult privately about the situation.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 3/05/98, 4:44 pm


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