Full question:
A neighbor called Child Protective Services and made numerous false allegations regarding my child’s safety and well being while in my care, all of which can be proven to be false. I have had a lot of problems with her in the past. Is there any form of legal action that can be taken against her for this?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Colorado
Answer:
A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person is liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
1) that a statement was made about the plaintiff’s reputation, honesty or integrity
that is not true; 2) publication to a third party (i.e., another person hears or reads
the statement; and 3) the plaintiff suffers damages as a result of the
statement.
Slander is a form of defamation that consists of making false oral
statements about a person which would damage that person's reputation. If I
spread a rumor that my neighbor has been in jail and this is not true, I could be
held liable for slander. Defamation which occurs by written statements is known
as libel. Libel also may result from a picture or visual representa¬tion. Truth is an
absolute defense to slander or libel.
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.
