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My girlfriend and I just found out our names are listed in a local
store saying we are banned from shopping there. The owner decided to ban us
because he thought we keyed his car, which we didnt do, but initially all he
did was have the employees know. Now for some reason he put up a notice in
front of the store. I would like to know if there is some sort of case
here, or at least some way to get him to take the list down. It is a small
community and i am sure word would get around. I was told he could ban
anyone he wants, which is fine, but is he allowed to put that list up,
especially since its over his suspicions? Any advice would be very helpful,
thanks.
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On Thu, 12 Aug 2004 21:19:48 -0400, "sonic" <sh0ck@mail.nu> wrote:
My girlfriend and I just found out our names are listed in a local
store saying we are banned from shopping there. The owner decided to ban us
because he thought we keyed his car, which we didnt do, but initially all he
did was have the employees know. Now for some reason he put up a notice in
front of the store. I would like to know if there is some sort of case
here, or at least some way to get him to take the list down. It is a small
community and i am sure word would get around. I was told he could ban
anyone he wants, which is fine, but is he allowed to put that list up,
especially since its over his suspicions? Any advice would be very helpful,
thanks.
What falsehood has he posted?
If the notice merely says that you are banned from the store, and you
are in fact banned from the store, then no matter how defamatory it
is, it isn't false, and it wouldn't be actionable.
If more than hurt feelings are involved, see a lawyer, at least for
your peace of mind.
--
Not a lawyer,
Chris Green
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what happens if they tell someone that we keyed his car, because we found
this out from someone who went to the store, so he is obviously telling
people what he thinks we did, and he isnt saying he thinks we did it, hes
saying we did do it.
On Thu, 12 Aug 2004 21:19:48 -0400, "sonic" <sh0ck@mail.nu> wrote:
What falsehood has he posted?
If the notice merely says that you are banned from the store, and you
are in fact banned from the store, then no matter how defamatory it
is, it isn't false, and it wouldn't be actionable.
If more than hurt feelings are involved, see a lawyer, at least for
your peace of mind.
--
Not a lawyer,
Chris Green
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On Fri, 13 Aug 2004 02:59:10 -0400, "sonic" <sh0ck@mail.nu> wrote:
what happens if they tell someone that we keyed his car, because we found
this out from someone who went to the store, so he is obviously telling
people what he thinks we did, and he isnt saying he thinks we did it, hes
saying we did do it.
and as far as he knows you did. you would have to prove otherwise.
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so do I take him to court for the defamation and just prove my case?
On Fri, 13 Aug 2004 02:59:10 -0400, "sonic" <sh0ck@mail.nu> wrote:
and as far as he knows you did. you would have to prove otherwise.
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On Fri, 13 Aug 2004 21:27:26 -0400, "sonic" <sh0ck@mail.nu> wrote:
so do I take him to court for the defamation and just prove my case?
sure lets us know how much he wins!
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On Fri, 13 Aug 2004 02:59:10 -0400, "sonic" <sh0ck@mail.nu> wrote:
what happens if they tell someone that we keyed his car, because we found
this out from someone who went to the store, so he is obviously telling
people what he thinks we did, and he isnt saying he thinks we did it, hes
saying we did do it.
If he is actually putting it about that you keyed his car, and that is
false, then you might have a case for defamation (libel if it's
written, slander if it's spoken).
If all anybody who will testify for you can point to is that he posted
the sign banning you, but gave no reason on the sign, you may not have
a case. He has to have published some palpable falsehood: if all he
did was posted a sign banning you from the store, and you are indeed
banned from the store, that is the truth.
Another problem is damages. How much money did you lose as a result of
his defamation? If none, then there is nothing worth suing over. Hurt
feelings are important, but they don't translate to money.
Finally, remember that any big deal you make over this will serve to
spread his defamation further.
If you have witnesses who will testify that he put about falsehoods
concerning you, you can point to money that you lost as a result, you
don't mind having things that will not reflect well on you aired in
court, and you have a lot of time to spend getting little or nothing
in return, by all means go for it. I may be forgiven my belief that
the game will not be worth the candle, though.
--
Not a lawyer,
Chris Green
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he has been telling people we keyed his car, it isnt written though. a
friend of ours went in there today and asked about the notice and the clerk
said that we keyed the owners car.
On Fri, 13 Aug 2004 02:59:10 -0400, "sonic" <sh0ck@mail.nu> wrote:
If he is actually putting it about that you keyed his car, and that is
false, then you might have a case for defamation (libel if it's
written, slander if it's spoken).
If all anybody who will testify for you can point to is that he posted
the sign banning you, but gave no reason on the sign, you may not have
a case. He has to have published some palpable falsehood: if all he
did was posted a sign banning you from the store, and you are indeed
banned from the store, that is the truth.
Another problem is damages. How much money did you lose as a result of
his defamation? If none, then there is nothing worth suing over. Hurt
feelings are important, but they don't translate to money.
Finally, remember that any big deal you make over this will serve to
spread his defamation further.
If you have witnesses who will testify that he put about falsehoods
concerning you, you can point to money that you lost as a result, you
don't mind having things that will not reflect well on you aired in
court, and you have a lot of time to spend getting little or nothing
in return, by all means go for it. I may be forgiven my belief that
the game will not be worth the candle, though.
--
Not a lawyer,
Chris Green
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