When Can Sexual Assault Survivors Sue for Defamation?

Being a victim of sexual assault is bad enough, but finally finding the courage to speak up and then being called a liar -- or worse -- by the person who assaulted you, is even worse. There may, however, be a recourse for these types of circumstances. Women who have survived a sexual assault have been turning to defamation lawsuits to fight back against their attackers.

In many instances, this is not only to clear their own name but also because the statute of limitations for filing a civil claim of sexual assault has passed. And while not every attacker who has called his or her victim a liar will win a defamation lawsuit, it's a viable option for sexual assault survivors who think they can prove the elements of defamation.

The Elements of a Defamation Lawsuit

Defamation laws will vary from state to state, but there are some general standards that make these laws similar to each other. In general, a person must prove the following in order to prevail in a defamation lawsuit:

1. The defendant made a statement
2. The statement was published
3. The statement caused injury
4. The statement was false, and
5. The statement didn't fall into a privileged category

Some explanation is necessary to better understand the elements listed above. The statement can be oral (slander) or written (libel), and a statement is "published" if a third party has heard, seen, or read the statement. Harm to reputation is enough to satisfy the injury element. Finally, while the other elements may be met, if the statement was privileged, a defamation lawsuit will fail. An example of a privileged statement is one given as a witness at a trial.

As you can see, a sexual assault survivor isn't always going to be able to sue his or her attacker for defamation, but if may be possible if the attacker speaks badly enough about the victim. To understand if you have a legal claim, contact a personal injury lawyer for help.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Torts and Personal Injuries (FindLaw's Learn About the Law)
• Sex Crimes (FindLaw's Learn About the Law)
• Civil Lawsuits for Sexual Assault, Harassment: Top 10 Cases and Questions (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/01/when-can-sexual-assault-survivors-sue-for-defamation.html

Oklahoma Oil Companies Can Be Sued for Worker's Death

The family of David Chambers Sr., a truck driver who was fatally burned after being dispatched to an oil well back in 2014, can proceed in their state lawsuit against the Oklahoma oil well operator. That's the unanimous (8-0) ruling from the Oklahoma Supreme Court in Strickland v. Stephens Production Company, a decision that highlights some of the complexities of state workers' compensation laws when it comes to favored (and politically savvy) industries.

Workers' Compensation Laws

Workers who suffer from work-related injuries are normally eligible for workers' compensation benefits. Compensation can cover medical expenses, lost income, costs of rehabilitation and continuing care, and potentially other losses. Workers comp, at least, generally isn't a fault based thing. Injuries are injuries and workers' compensation is designed to work more as an insurance system than a run-of-the-mill civil lawsuit.

What's also common is for states to make workers' compensation an exclusive remedy. You can't receive WC benefits and then sue your company too. Or even, sometimes, as happened here, sue them at all.

That's what Stephens Production Company argued after being sued by Chambers' surviving relatives for wrongful death, negligence, and similar civil claims in state district court. And the company had a point, since that's precisely what the state's statute said applied for oil and gas well operators. So what happened here?

Striking an Oil Exception in Oklahoma

The Oklahoma Supreme Court struck down the statute's limit on civil liability for oil and gas well operators as an unconstitutional 'special law' under the state's constitution. As the court wrote in its opinion, the legislature couldn't 'singl[e] out one specific industry for special treatment under the workers' compensation system.'

Related Resources

• Browse Workers' Compensation Lawyers by Location (FindLaw's Lawyer Director)
• Workers' Compensation Laws by State (FindLaw's Learn About the Law)
• Oklahoma Supreme Court Strikes Down Part of Workers Comp Law (KFOR News)

from Injured http://blogs.findlaw.com/injured/2018/01/oklahoma-oil-companies-can-be-sued-for-workers-death.html

If I Get Into a Fight at Work, Can I Still Get Workers' Comp?

It's not common, but workplace fights do happen. Tensions build. Voices are raised. Tempers flare. And, in the extreme, shoves, punches, and piledrivers may get thrown about.

Whether it's started by an argumentative customer upset about their caramel macchiato or two colleagues having a heated debate about something-totally-not-worth-fighting-about, injuries can result. So when you're injured in a fight at work, is workers' compensation still a thing?

What Is Workers Compensation?

Workers' compensation is a workplace insurance system for work-related injuries. Injured workers may have medical costs, lose wages while out of work, and sometimes suffer long-term disabilities as a result. That's what workers' compensation is for.

Construction workers, delivery drivers, even dishwashers who die taking out the trash can receive workers' compensation benefits. Police and fire departments often carry extensive (and expensive) workers' compensation policies due to the physically taxing and dangerous nature of their jobs.

Workers' Comp for Workplace Fights

So long as it's a work-related injury, it's potentially covered. But it shouldn't surprise anyone that the law imposes limits on workers' compensation eligibility when fights occur. Under California law, for example, a worker who's the initial aggressor isn't eligible for workers' comp.

Purely personal disputes that overflow into a place of business might not qualify either. The idea behind the entire system is compensating injured workers, after all. The further the facts stray from that legal standard, the more tenuous the case.

Find Out If You're Eligible for Workers' Compensation

Workers' compensation cases can be complicated. Claims are heard through state agencies, and when an employer contests a claim, the going can get tougher. If you're injured following a fight at work, speaking to a workers' comp attorney is a smart move.

Related Resources

• Find a Workers' Compensation Lawyer Near You (FindLaw's Lawyer Directory)
• Workers' Compensation Laws by State (FindLaw's Learn About the Law)
• Can I Get Workers' Compensation If Assaulted at Work? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/01/if-i-get-into-a-fight-at-work-can-i-still-get-workers-comp.html

How to Prepare for a Consultation With a Car Accident Lawyer

When injured in a car accident, it's common to feel bent out of shape. Your car might be a compressed chunk of metal. You might be sitting in the hospital or at home nursing some nasty injuries. And going to work, school, or about your daily routine? Yeah ... so much for that. 

It's normal to vent (and we certainly encourage you to vent). But, as they say, revenge is a dish best served by your lawyer. So here's some advice for preparing for your initial consultation with a car accident attorney.

1. Make a Timeline

Cases are built on the facts. Your lawyer is going to want as many details as possible, and will press you for specifics, specifics, specifics. What happened, when did it happen, how did it happen, and in what order did it happen? It's a good idea to make a timeline with as much information and detail as possible. This will get you thinking about the case from a legal perspective, and give your lawyer a prepared account of the facts right off the bat.

2. Bring Records and Documents

Written documentation is very important to lawyers, and gathering it is a major part of preparing a case. Prepare copies of accident reports, insurance information, witness contact information, medical records, photographs from the scene, and names of doctors, nurses, police officers, chiropractors, and medical facilities -- everything connected with the accident. You can use a checklist to gather records in advance.

3. Be Prepared to Answer Questions

Lawyers are trained to tease out information and details with questions. You should be prepared to answer all of them as best you can. Besides being a tool for figuring out what happened, your responses tell a lawyer other, more subtle things too. Like whether you'd be a good client to take on and how a jury might respond to you on the witness stand. It's never too early to strategize!

4. Ask the Questions You Want to Ask

Lawyers are trained to be lawyers, but no one is trained to be a client. The best way to get information is to ask an attorney. Feel free to ask a lawyer about her experience handling similar cases, background and training, fees, and what you should expect going forward. Knowing what to expect can bring relief and help make sure you and your lawyer are on the same page going forward.

Related Resources

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Car Accidents (FindLaw's Learn About the Law)
• Top 7 Car Accident Lawsuit Questions (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/01/how-to-prepare-for-a-consultation-with-a-car-accident-lawyer.html

Model Can Seek $1.5M for HIV Ad Featuring Her Image

Those that ascribe to the "any PR is good PR" mantra might be tempted to tell a model that any use of her image would be a good use. But what about a use that implies she is HIV positive?

That happened to model Avril Nolan after New York's Division of Human Rights ran a full-color, quarter-page ad featuring her face, beside the words "I am positive (+)" and "I have rights," all without her permission. Nolan sued, claiming the ad was defamatory and that the DHR violated state civil rights laws. And a state appeals court agreed, with the defamation part at least.

Per Se Bad Publicity

The court's ruling is a bit dicey, politically speaking. Nolan is claiming that the unauthorized association of her image with HIV is a particular kind of defamation per se. Normally, in order to succeed in a defamation lawsuit, a plaintiff must prove that the false assertion caused some tangible damage to her reputation. But some false statements are considered so damaging that they are deemed defamatory on their face, and don't require the same proof of damages.

One category of defamation per se is an indication that a person has a "loathsome," contagious, or infectious disease. The state tried to argue that an association with HIV wasn't inherently damaging, highlighting recent cases where courts ruled that merely calling someone gay was not slanderous, and even pointing to celebrities like Charlie Sheen and Magic Johnson who remain popular despite publicly affirming their HIV-positive status. But the Supreme Court of New York's Appellate Division wasn't on board:

Further, claimant, in countering the State's anecdotal evidence regarding public figures with HIV, cites several sociological studies establishing that HIV continues to be a significant stigma. For example, she cites to academic studies from 2014 and 2015 that conclude that people fear getting tested for HIV because of the perceived social repercussions of a positive result. Since it can still be said that ostracism is a likely effect of a diagnosis of HIV, we hold that the defamatory material here falls under the traditional "loathsome disease" category and is defamatory per se.

So while the intent of the ad campaign might've been to reduce the stigma surrounding an HIV diagnosis, enough of that stigma still exists to make a false association regarding such a diagnosis defamatory.

Rejected Civil Rights Claims

Nolan also alleged the DHR's unapproved use of her photo violated state civil rights laws that prohibit the nonconsensual use of a person's image for commercial purposes. The appeals court was less sympathetic to this claim, finding "DHR was engaged in a decidedly noncommercial campaign designed to advance its mission of promoting civil
rights."

Still, Nolan may recover up to $1.5 million in damages for the emotional distress she says she suffered after publication of the ad.

Related Resources:

• Find Defamation Lawyers Near You (FindLaw's Injured)
• What's the Difference Between Libel and Slander? (FindLaw's Injured)
• Invasion of Privacy: False Light (FindLaw's Learn About the Law)
• What Is Invasion of Privacy? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/01/model-can-seek-15m-for-hiv-ad-featuring-her-image.html

3 Recent Developments in Animal Liability Law

Sadly, animal attacks and bites occur all too frequently. Sometimes it's a sneaky raccoon slipping in the pet door, sometimes we're bitten by snakes trying to protect our pets, and other times we're bitten by snakes that are our pets. And then there are the times when our pets bite a stranger or even a family member.

Liability in all these instances can vary, depending on the ownership or care of the animal and where the attack happens. Here are three recent legal developments when it comes to animal liability:

1. Homeowner Liability for Dog Bite Claims Dramatically Increased, Study Finds

A recent Insurance Information Institute showed a sharp increase in dog bite claims over the past decade, from around 14,500 claims filed against homeowners due to dog bites in 2006 to over 18,000 in 2016. Additionally, the average payout on a claim increased by over $11,000 during that same period, totaling over $600 million in 2016. Analysts believe the severity of the attacks has led to the increase in claims and payouts.

2. Pet Regulation: Are There Dangerous Cat Laws?

While much of the focus on pet liability is on dog bites, many states have also stepped up statutory regulations on cat ownership. California, for example, requires all animal shelters to sterilize felines before allowing their adoption, and allows feral cats to be euthanized without the same waiting period prescribed for domestic animals. And Alabama allows shelters to euthanize cats impounded for rabies immunization if their owner has not claimed them after seven days.

3. Wild Animal Bites: 3 Things to Know

And what happens if the attack isn't perpetrated by the usual cat or dog? Owners of wild animals are generally subject to strict liability for attacks, making owners responsible for injuries caused by their pets regardless of whether the owner was at fault. But a property owner cannot be held liable for wild animal attacks on their property, as long as a property owner does not own or keep a wild animal.

If you've suffered an injury from a pet or wild animal, contact a local animal attorney.

Related Resources:

• Browse Animal Bites Lawyers by Location (FindLaw's Lawyer Directory)
• Pet Liability Primer: Car Accidents, Contracts, and More (FindLaw's Injured)
• Pet Sitting Unleashes Potential Liability (FindLaw's Injured)
• Top 9 Pet Attack and Injury Questions (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/01/3-recent-developments-in-animal-liability-law.html

Top 3 Legal Issues for Trump's 'Fire and Fury' Defamation Claim

As you may have heard by now, journalist Michael Wolf's "Fire and Fury: Inside the Trump White House" has caused quite a stir. The president was not too pleased with the work, and lawyers for Trump and the book's publisher traded some entertaining letters over it. (And, of course, Trump tweeted.)

As they have so often done throughout his business and political career, Trump's lawyers threatened the author and publisher with a defamation lawsuit. What Trump has not-so-often done, however, is follow through on those threats. If he did this time, what legal issues might be in play?

1. Is It Worth Suing for Defamation to Protect Your Reputation?

Just because you can do something, doesn't always mean you should. Defamation lawsuits rest on whether the statements involved are true or not, and the damage done to the person's reputation. Therefore, litigation based on libel or slander can get particularly messy. Plus, President Trump is a public figure, making the bar for defamation much higher. Dragging the accusations made in the book into court could give them even more notoriety, and expose some other troublesome truths as well.

2. When Does Gossip Cross the Legal Line?

Much of Wolf's book is based on conversations with past and present White House staffers, including former chief strategist Steve Bannon. And while that scuttlebutt may have been perfectly legal in private conversation, it gets a little dicier once it's published. Again, a published statement is fine so long as it's true, but if any of the book's sources were lying, that could be the basis of a libel lawsuit.

3. What Is Defamation and Do Tweets Count?

This could be particularly salient for the Twitterer-in-Chief, who immediately lashed out on the platform:

I authorized Zero access to White House (actually turned him down many times) for author of phony book! I never spoke to him for book. Full of lies, misrepresentations and sources that don't exist. Look at this guy's past and watch what happens to him and Sloppy Steve!

-- Donald J. Trump (@realDonaldTrump) January 5, 2018

Trump's own Twitter comments, if untrue, could qualify as defamation. As we saw in Bill Cosby's case, denials that attack accusers can result in defamation lawsuits. So if the president doth protest too much, he could get into more legal trouble than he bargained for.

Related Resources:

• Find Defamation Lawyers Near You (FindLaw's Lawyer Directory)
• Trump Vows 'to Take a Strong Look' at Libel Laws in Wake of 'Fire and Fury' Release (Variety)
• Is the President Immune From Defamation Lawsuits? (FindLaw's Injured)
• Top 5 Defamation FAQ (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/01/top-3-legal-issues-for-trumps-fire-and-fury-defamation-claim.html

Working in Cold Weather: Can You Sue for Injuries?

Working in winter weather is never a picnic, especially in the midst of a "bomb cyclone," whatever that is. Still, commerce doesn't take a holiday when it's cold out, and from postmen to presidents, most of us still have to go to work in cold weather.

Here are some of the most common winter work injuries, and what you can do about them:

1. Can I Get Worker's Comp for The Flu?

We may not always think of a cold, flu, or other sickness as work-related injuries, but if your job exposes you to conditions or people who get you sick, do you have any recourse? As a general rule, in order to receive workers' compensation benefits, you must be able to prove that your injury was caused by your work duties or the conditions of your workplace, and to get workers' comp for the flu, you'll probably need to show you contracted disease at work or on the clock.

2. When Ice Causes a Car Accident, Who's Liable?

Many of us drive to and from work, and quite a few of us drive for work. Does that matter if you're involved in an accident due to winter road conditions? While workers' comp may not cover your morning commute, if you're injured in a car crash while making a delivery, running a work-related errand, driving another employee for work-related purposes, or otherwise in transit for which you'll be compensated by your employer, you could be eligible for compensation.

3. Can I Get Workers' Compensation for Frostbite?

It may sound extreme, but so is the weather out there. And some employees have to spend quite a bit of time outdoors in freezing or even sub-zero temperatures. So if you work outside and, as a result of that work, end up with frostbite so severe it keeps you from work, chances are a workers' comp claim will be covered.

Not all employees are covered by workers' compensation insurance, and if a workers' comp claim is denied, you may need to file a lawsuit to be compensated. If you've been injured on the job this winter, contact a local workers' comp attorney to discuss your legal options.

Related Resources:

• Find Workers' Compensation Lawyers Near You (FindLaw's Lawyer Directory)
• 5 Common Questions About Which Injuries Qualify for Workers' Compensation (FindLaw's Injured)
• Protecting Yourself from Unsafe Working Conditions (FindLaw's Learn About the Law)
• Top 9 Workers' Compensation Questions (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/01/working-in-cold-weather-can-you-sue-for-injuries.html

E-Cigarette Injury Lawsuits on the Rise

Perhaps smokers see them as a healthier option to regular tobacco, or maybe they're allowed in more places than your classic Marlboros. But for whatever reason, the use of e-cigarettes, vape pens, and other electronic smoking devices has exploded over the last decade.

And the batteries for those devices have apparently been exploding as well, according to recent lawsuits. Over 120 lawsuits alleging injuries from explosions and fires caused by e-cigarette batteries were filed last year alone. And e-cigarette litigation doesn't show any signs of slowing.

Blowing Smoke, Blowing Up

Courthouse News has some of the gory details of recent vape battery lawsuits:

At least 8 plaintiffs in 2017 filed lawsuits claiming electronic cigarettes exploded in their mouth, with some saying the blast knocked out teeth and caused third-degree burns. Dozens of other claimants allege they were scorched around their legs or groin when vaporizer batteries they were carrying in their pocket caught fire.

There has even been at least one wrongful death lawsuit filed, claiming an exploding e-cig launched shrapnel into New York man's head before he perished in a fire caused by the explosion.

And, according to the U.S. Fire Administration, e-cigarette battery failures present a unique hazard as "no other consumer product places a battery with a known explosion hazard such as this in such close proximity to the human body."

Exploding E-Cig Liability

Most lawsuits involving e-cigarette injuries will be product liability claims, alleging one of three causes for the malfunction:

1. Defects in Design: A defect causes the e-cigarette to pose an unreasonable risk to consumers, even if it is manufactured and used as intended;
2. Defects in Manufacturing: A mistake in the production of a well-designed e-cigarette introduces a new danger to consumers; or
3. Defects in Warnings: A company's failure to properly warn consumers of known risks in using e-cigarettes, if they are inadequate warnings, inaccurate warnings, or no warnings at all.

If you've been injured by an exploding e-cigarette or vape pen battery, contact an experienced injury attorney about your legal options.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• How Much Is an Exploding E-Cigarette Injury Claim Worth? (FindLaw's Injured)
• Exploding E-Cigarette Injury Cases: New Lawsuits Filed (FindLaw's Injured)
• How Common Are Exploding E-Cigs? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/01/e-cigarette-injury-lawsuits-on-the-rise.html