Law People Speak Up: Newspaper Slander Advice?

[Ghetto 0]

I checked my voice mail last night to find multiple pissed off/disappointed/sux-to-be-you/your-such-a-jackass voicemails piled up on my phone from family members (some of them relatively distant), friends, and neighbors (luckily no clients... yet).

Apparently, a relatively large area newspaper, in at least two issues in a row (maybe more, I haven't gotten copies), reported that I was convicted of a DUI in April, providing my full name, age, and address.

This was news to me, as well as to the court that the newspaper cited as a source of the information. Fact is, I haven't been stopped in lake or geauga county for over a year, and that was for speeding.

I called the newspaper and got them to look into it, and they did finally admit, after further research, that it was a misprint and they apologized and they will be running a correction in the paper tomorrow.

Thing is, the damage is already done; its not like everyone who saw the original reports will end up seeing the correction, and even if they do they will probably just assume that I got pulled over but got it dropped down to a reckless op or something and got the paper to change it.

I have quite a few clients in the circulation area of that paper, and with the amount of phone calls I've already gotten from family/friends, I'm positive that at least a few of them have seen it.

Somebody's head needs to roll; since the days of swords and duels are long gone, legal action is probably the best way to go That's where the 'Law People Speak Up' part of my thread title comes in.

Anyone have some experience with this type of thing? Anyone with experience or knowledge of how slander/defamation cases work in Ohio?

Thanks for your help

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[turtlespeed 226]

Try a personal injury Lawyer.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[lawrocket 3]

It's not my area of expertise. But, you gotta prove damages. That is, you need to PROVE how much damage you suffered, which is reasonably difficult to do, and can be expensive to do, as well.

It's why I have never handled one before. You'd gotta prove your loss.

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[jtval 0]

the best advice is to take the law into your own hands and revert to the days of swords and duels.

Because there is nothing that will protect your rights from the media.


They make shit up all the time and nothing is to correct thier mistake.
(the may print an correction but it doesnt fix their fuck up.)

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[AndyBoyd 0]

I admit that I haven't really thought much about defamation since law school, but I seem to remember that you don't have to prove up damages in a slander or libel suit. To answer the original poster's question, though, your best bet is to contact an experienced attorney. If the newspaper prints a correction, my guess is that the OP probably does not have much of a case. The OP does have my sympathies, though. Very sloppy work by the newspaper.

[ChrisL 2]

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It's not my area of expertise. But, you gotta prove damages. That is, you need to PROVE how much damage you suffered, which is reasonably difficult to do, and can be expensive to do, as well.

How could one quantify or prove damage done to ones reputation?

__

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[Thanatos340 1]

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How could one quantify or prove damage done to ones reputation?

**Warning** I am Not an Attorney (ie.. I do have a soul) but I have played one in Federal Civil Court on occasion.

Once they print a Retraction (Generally hidden where no one can find it) I think they are pretty well covered. Sad that a Paper can Run a Front page Headline that says “Joe Gang Raped Baby Sheep” and then later print a Retraction on page 32 in tiny font buried in the legal notices and somehow be covered.

There was Bill a few years ago that would have required Newspapers and other News sources to print retraction in the same general Area, Type and Font as the original Story. The Lobbyists squashed that one pretty quick if I remember correctly.

Call a few Lawyers and see if you have a Case. Doesn’t sound like it to my uneducated, unqualified and relatively unintelligent Pro Se ass.

[SkyDekker 1,465]

It is impossible for a newspaper to slander....

[turtlespeed 226]

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It is impossible for a newspaper to slander....

Isn't that called liable then?

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[SkyDekker 1,465]

Yes, but not spelled that way, one of my favourite pet peeves for some reason.

Libel (L = Letter)
Slander (S = spoken)

(Though under Canadian Law something said on TV or the radio is considered Libel and not Slander, the difference between the two is if there is permanent record or not)