When to Sue for Defamation of Character

With all this talk about snowflakes, freedom of speech, hate speech, etc. it can be difficult to know what you can and can't say, and what your rights are when it comes to what others say about you. These days, it seems like a mere mention of the weather will offend somebody. But when does offense cross over into defamation? When are someone's words so injurious to your reputation that you can sue them for it? While it varies somewhat from state to state, there are some helpful guidelines for knowing when to sue someone for defamation of character.

Elements of a Defamation Lawsuit

Defamation is only punishable as a civil wrong -- it's not a criminal matter. To know when to sue for defamation, you have to know what the elements of the cause of action are. Again, the wording varies from state to state, but in order to prove defamation, you generally have to show:

• Someone made a false statement about you;
• The statement was published to a third party -- either verbally (slander) or in writing (libel);
• The statement caused injury to you; and
• The statement does not fit into one of several exceptions

What's a Defamation Injury?

Unlike the bruise or broken bone that accompanies a battery claim, the injury from defamation can be harder to prove. But generally, you must show that the statement hurt your reputation, professional or otherwise. If you run a business, you might show how the statements hurt you financially. Or, if the statements were so distressing that they caused health problems, those can be proof of injury. Also, some statements are presumed to be defamatory, such as accusations of sexual misconduct, criminal activity, or having an STD.

Truth as a Defense

Another important part of the defamation puzzle is the falsity of the statement. If someone says or writes something about you that really hurts your reputation, it will not be considered defamatory if it is, in fact, true. For example, telling people that your restaurant gave patrons food poisoning is not defamatory if it's true. Likewise, statements of opinion -- your restaurant's food tastes bad -- is not defamatory.

Defamation and False Light

Defamation is sometimes confused with allegations of "false light." While they are very similar, defamation involves reputational harm, while false light is more about offensive or embarrassing statements. Also, while false light involves a statement or implication that was made with reckless disregard, defamation only demands you prove reckless disregard when the subject is a public figure.

There are a lot of nuances to proving a defamation lawsuit. Whether you've been harmed by someone else's words, or you've been accused of making defamatory statements, get help from an attorney with experience dealing with these types of torts.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Defamation and Social Media: What You Need to Know (FindLaw's Learn About the Law)
• Time Limits to File a Defamation Lawsuit: State Statutes of Limitation (FindLaw's Learn About the Law)
• Former MLB Player Sues ESPN for Defamation (FindLaw's Tarnished Twenty)

from Injured http://blogs.findlaw.com/injured/2018/04/when-to-sue-for-defamation-of-character.html

New Jersey Couple Gets $37 Million in Talcum Powder Cancer Lawsuit

You don't have to search too hard to find some clickbait article about everyday household products that are slowly killing you. But what happens when you legitimately believe that one of those products has caused you a great deal of harm? One New Jersey couple took the makers of talcum powder to court, claiming the product gave the husband cancer. Now, thanks to that lawsuit, they've been awarded a total of $37 million.

An Aggressive and Deadly Cancer

Stephen Lanzo said he used product's like Johnson & Johnson's Baby Powder and Shower to Shower for over 30 years. After decades of using the talcum powder products, he contracted an aggressive, deadly cancer called mesothelioma, which affects the lining of his lungs.

Claims of Asbestos in Talc Powder

Lanzo's attorney's accused Johnson & Johnson of failing to disclose information to customers about the risks of asbestos in their talc products. The lawsuit claims that Lanzo's long-term exposure to the talc powder caused his cancer because of the proximity of asbestos to the mining of talc deposits. Johnson & Johnson argued that, per legal requirements, its products have been asbestos-free since the 1970s.

Husband and Wife Each Awarded Millions

While other cases against Johnson & Johnson have not been successful, there are thousands currently making their way through the courts. And in this case, the jury sided with the Lanzos, awarding Stephen $30 million in compensatory damages, and his wife, Kendra, $7 million. Johnson & Johnson was found to be 70 percent liable, while Imerys Talc, a supplier of the mineral, got 30 percent.

If you suspect that a seemingly harmless product has injured you, speak with an attorney as soon as possible to assess the strength of your claim and understand what needs to be done going forward.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Damages for Fear of Cancer? Supreme Court Rules Railroad Workers Must Prove Fear is 'Genuine and Serious' (FindLaw's Injured)
• Johnson & Johnson Talcum Powder Cancer FAQs (FindLaw's Learn About the Law)
• Johnson & Johnson Talcum Powder Ovarian Cancer Lawsuits (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2018/04/new-jersey-couple-gets-37-million-in-talcum-powder-cancer-lawsuit.html

Arizona Class Action Targets Tijuana Weight Loss Doctor, American 'Weight Coyote'

A class action lawsuit filed in Maricopa County, Arizona claims a surgeon in Tijuana, Mexico used "high-pressure sales tactics" and at least one U.S.-based recruiter to lure clients south of the border, and the surgeon was negligent in performing weight loss procedures.

The lawsuit, filed by Jessica Ballandby against Dr. Mario Almanza and his alleged recruiter, Sandy Brimhall, claims Brimhall promised "a quick in and out," and "surgeries would be done by doctors who are qualified and competent." When Ballandby returned to the U.S., she was diagnosed with internal bleeding and compared Dr. Almanza's operation to a "pig farm."

Sketchy Surgeries and a "Weight Coyote"

Ballandby is joined in her lawsuit by Justin Blackburn, Carson Miller, Sheli Stoddard, and Sunshine Brewer who claim negligence, fraud, misrepresentation, violation of the Arizona Consumer Fraud Act, and intentional infliction of emotional distress on behalf of themselves and possibly 6,000 other patients. Balckburn is the step-son of Elizabeth Erickson, who died in 2013 after surgeons discovered the lap band she received in Mexico had eroded through her stomach and diaphragm, and had lodged in her right lung.

Over 20 other individuals and businesses are named in the lawsuit, including Fill Centers USA, which the suit claims would arrange trips to Mexico and aftercare in the U.S. for patients who received the Lap-Band surgery. Also named is the school district that employed Brimhall as a principal -- Brimhall dubbed herself the "Weight Coyote" in emails sent from her Show Low Unified School District account, and allegedly recruited referrals utilizing district resources during business hours while employed as a principal at Whipple Ranch Elementary School.

Class Is in Session

The class action alleges that the plaintiffs sustained long term physical, emotional, and mental effects after either utilizing the referral service provided by Brimhall, the surgeries performed by Dr. Almanza, the aftercare treatment received by Fill Centers, and other services provided by the defendants.

ABC News in San Diego confirmed four Americans died after having weight loss surgery with Dr. Almanza. "That's what he's treating human beings over there like," she said. "Just like a pig. Slaughtering them."

A class action lawsuit allows a number of litigants to file a single lawsuit if joining multiple lawsuits was not possible or practical, the members of the group possessed a joint interest in the question to be adjudicated, and the parties named in the suit could adequately represent the interests of persons who were absent from the action but whose rights would be affected by the outcome. If a court allows a class action to proceed, any judgment binds all members of the group.

If you have been injured by a medical procedure or have more questions about class action lawsuits, contact a local injury attorney.

Related Resources:

• Find Class Actions Lawyers Near You (FindLaw's Lawyer Directory)
• Man Loses Legs in Botched Weight-Loss Surgery; Sues for $10M (FindLaw's Injured)
• Top 4 Class Action Lawsuit Questions (FindLaw's Injured)
• Can I Start a Class Action Lawsuit? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/04/arizona-class-action-lawsuit-targets-tijuana-weight-loss-doctor-american-weight-coyote.html

Chicago Woman Sues Restaurant for 'Piping Hot' Lasagne

Who hasn't burned their mouth or fingers in impatient anticipation of that first bite of newly-prepared food? Whether it's microwaved pizza bites, a bagel from the toaster, or a gourmet dinner, that first bite can lead to instant regret. But some burns are worse than others.

One woman is taking her serious food burn to the next level by suing the restaurant that served her meal. The woman claims the Italian restaurant served her "piping hot" lasagna which led to severe burns on her hand. Hers is not the first hot food lawsuit, and it surely won't be the last.

A Scalding Burn

Theresa Thomas was out to lunch with her husband December 7, 2017 when she ordered the offending lasagna from Patrick Concannon's Osteria Ottimo Ristorante in Chicago. She says that when the food arrived, she went to cut into the lasagna with the fork in her right hand. That's when the piping hot marinara sauce shot out from the lasagna "without warning" onto her left hand which was resting in her lap. The sauce scalded her skin and caused a large burn on that hand.

Lawsuit for Negligently Serving Hot Food

Thomas claims that the restaurant was careless and negligent in preparing and serving unreasonably hot and/or dangerous food, failing to let it cool, failing to train the staff to serve cooler food, and failing to warn her that the food was hot or dangerous. As a result of the incident, the lawsuit alleges Thomas incurred significant medical expenses as well as "great physical pain and mental anguish." These rendered her unable to work and fulfill her usual duties. As a result, she is seeking more than $50,000 in damages.

This case is reminiscent of the famous McDonald's hot coffee lawsuit which resolved in 1994. In that case, a 79-year-old woman was badly burned and hospitalized for eight days after the coffee she purchased at a drive-thru window spilled onto her lap. She was awarded $2.7 million in punitive damages, although that amount was later reduced to $480,000.

If you or someone you know has been burned or otherwise injured, speak with an experienced attorney to assess the strength of your case and understand your options going forward.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• The McDonald's Hot Coffee Case (FindLaw's Learn About the Law)
• That's Hot! The Lawsuit Against Hot Food Survives (FindLaw's Injured)
• Proving Fault: What is Negligence? (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2018/04/chicago-woman-sues-restaurant-for-piping-hot-lasagne.html

CVS Revealed HIV Status of 6,000, Lawsuit Claims

Imagine you're at the doctor's office and the nurse calls out your name and tells the entire waiting room that you're there for a follow-up of your positive HIV test. You would most likely feel pretty violated. That's probably similar to what a group of patients is feeling after their HIV status was revealed by a CVS mailing. Now, at least three patients are suing.

A Bit Too Transparent

The federal lawsuit claims that CVS hired Fiserv to mail letters to patients regarding Ohio's HIV drug assistance program. Unfortunately, the envelopes had glassine windows which revealed 6,000 patient names, addresses, and the fact that they were part of the HIV program. CVS told CNN that the window was supposed to show a reference code for the program, not the patient's health status.

Fear of Being Stigmatized

One plaintiff says he "feels that CVS has essentially handed a weapon to anyone who handled the envelope, giving them the opportunity to attack his identity or cause other harm to him." The other two live in small towns and fear the stigma associated with being HIV positive. One man says he has "experienced complications and health issues" since the disclosure.

The plaintiffs allege that CVS failed to announce the breach of privacy, and failed to contact all the patients whose status was revealed. They are suing both CVS and Fiserv, and are seeking a class-action lawsuit and a jury trial.

If you or someone you know has suffered a privacy violation, you may be able to hold someone accountable for that breach. Contact a personal injury attorney to better understand your options.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Breaches of Doctor-Patient Confidentiality (FindLaw's Learn About the Law)
• Is there a Difference Between Confidentiality and Privacy? (FindLaw's Learn About the Law)
• FCC Fines 2 Companies for Data Breach: What SMBs Need to Know (FindLaw's Free Enterprise)

from Injured http://blogs.findlaw.com/injured/2018/04/cvs-revealed-hiv-status-of-6000-lawsuit-claims.html

Wrongful Death Suit Filed Against Golf Course After Man Killed by Falling Tree

We often don't think of golf as a dangerous sport, at least not in the actual playing of it. Sure, you could tweak your back trying to reach a par 5 green in two. And yes, there could be the wayward drive coming from a nearby tee box. But, for the most part, we expect to finish our rounds with our physical health relatively unscathed, if not our handicap as well.

But golf is played, if not in than very close to nature, and nature has a nasty way of sneaking up and spoiling our day in the worst way. That's what happened to 71-year-old David Hamaker last spring, after he was struck by a falling tree while sitting in a golf cart on a Palm Springs gold course. Hamaker died about a week after suffering serious injuries, and his family has now filed a lawsuit against the gold course, alleging its owners inadequately maintained the grounds and negligently contributed to his death.

Wrongful Death Claim

According to the lawsuit, Hamaker was seated in a golf cart near the 17th hole of the Tahquitz Creek Golf Resort in March 2017 when he was struck by a falling tree. He was hospitalized at Desert Regional Medical Center and underwent surgery for his injuries, but passed away a little more than a week after the incident. Hamaker allegedly "suffered a severe cervical spine fracture dislocation,'' among other injuries listed in the suit, and died from "sequelae of blunt impact injury of neck," according to his death certificate.

The lawsuit claims course owners negligently maintained the premises and failed to close the course or even warn golfers of the windy conditions that day.

Par for the Course and Premises Liability

The level to which a landowner is liable to a person for injuries sustained on his or her property depends largely on the relationship between them. An invitee is someone who is invited onto the property of another, like a customer in a store, or, in this case, a golfer onto a golf course. This invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of the premises. While state law may vary, landowners must exercise reasonable care for the safety of invitees, meaning reasonable steps have been taken to ensure the safety of the premises.

Whether a landowner, say, a golf course, has met this standard of reasonableness generally depends on a variety of factors, including:

1. The use to which the property is put;
2. The foreseeability of the accident or injury that occurred; and
3. The reasonableness of the owner's effort to repair a dangerous condition or warn visitors.

If you've been injured on someone else's property, contact an experienced personal injury attorney near you.

Related Resources:

• Browse Personal Injury Lawyers by Location (FindLaw Directory)
• Employee Loses Testicle to Boss's Golf Swing: Court Affirms Boss's Liability (FindLaw's Injured)
• What Happens If a Golf Ball Hits My Car? (FindLaw's Injured)
• Camping Injuries: Who to Sue if a Tree Falls on You (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/04/wrongful-death-suit-filed-against-golf-course-after-man-killed-by-falling-tree.html

Scooter or Moped Accident: When to Sue for Injuries

If you drive a scooter or moped, you've probably felt the fear of sitting in the blind spot of a huge pickup or seeing a semi gaining speed in your tiny side-view mirror. And yet, you still drive it because that little hog gets 70 miles to the gallon. But even if you love your scooter, it's hard to avoid the fact that you're more exposed and vulnerable (harder to see), and that an accident could leave you with serious injuries. As you watch your medical bills pile up, it's important to know when you should sue for your injuries.

Insurance Claims First

Once you've dealt with all of the immediate concerns after an accident, you'll probably have to file a claim with your insurance company. Moped or scooter liability insurance is not required in every state, so there's a chance you don't have any. In that case, you would file a third party claim with the other person's insurance. It's possible that this avenue will cover the costs of your injuries and other damages. However, insurance settlements are often not enough to cover all of your costs, lost wages, etc.

Assessing Fault

If insurance doesn't cover everything, you may need to file a lawsuit to cover additional expenses. But first, it's important to assess who was at fault for the accident. For example, if you were injured when you slammed your scooter into a parked car after a St. Patty's Day bender, it's probably not worth suing anyone. In fact, you should probably call a lawyer since you're likely being charged with a DUI.

However, you should consider a lawsuit if someone else appears to be at fault, even if you were partly to blame as well. Although this contributory negligence may reduce your compensation, it probably won't preclude it altogether. It's also important to note that scooter and moped accidents are similar to motorcycle accidents, and most of those are caused by the other driver.

Don't Wait Too Long to Sue

Although you may need to go through insurance first, and you might have to spend some time thinking about whether it's worth it to sue someone for an accident where you were 90% at fault, don't wait too long to pull the trigger. Each state has statute of limitations laws which dictate the amount of time you have to file your lawsuit before you lose that right.

While your mounting medical bills are very real, it's not always clear who was at fault in an accident. Speak with an attorney to get a better idea of your options and the probability of winning your scooter or moped accident lawsuit.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Car Accident Liability: Proving Fault in a Car Crash (FindLaw's Learn About the Law)
• Motorcycle Accidents: Overview (FindLaw's Learn About the Law)
• 'Thong Cape Scooter Man' Legal, But Barely: Police (FindLaw's Legal Grounds)

from Injured http://blogs.findlaw.com/injured/2018/04/scooter-or-moped-accident-when-to-sue-for-injuries.html