Full question:
I had a bounced check at a restaurant. The owner made a copy of it and posted it outside the entrance for everyone to see as they walked in the front door. I called her several times and told her I would take care of the check if she took it down. She refused. I got a letter from the DA that she had filed a claim. Even thought she turned it over to the DA, she still has my check posted outside her entrance. I have paid the DA who has the original check. Can I sue her for defamation of character or invasion of privacy?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: California
Answer:
Defamation occurs when a statement harms someone's reputation. To prove defamation, you must show: a) a false statement was made about you; b) it was published to a third party; and c) you suffered damages as a result. Slander refers to spoken defamation, while libel refers to written defamation, which can include images.
In your case, the restaurant owner posting your bounced check could be considered defamation if the statement implies something negative about your character and is not true. However, if the check is genuine and the owner is simply stating a fact, it may not be considered defamatory.
Truth is a complete defense against defamation claims, meaning if the check is valid, the owner may not be liable for defamation. Additionally, privacy laws generally do not affect the truthfulness of a statement in defamation cases.
For specific legal advice tailored to your situation, consider consulting a legal professional.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.