How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5146
Experience:  Attorney with significant and substantial experience in multiple areas of law.
54899578
Type Your Legal Question Here...
Joseph is online now
A new question is answered every 9 seconds

i commented on a photo that a person had posted on social media

Resolved Question:

i commented on a photo that a person had posted on social media via face book about my old boss. It was a picture of her standing at a podium for a cancer video. my exact post said it is nice if the person in the picture had any kind of heartfelt kindness.... then I posted after someone else posted haha yep it sure does....big show.... my former boss just text me to let me know that she was turning over this to her lawyer on Thursday and didn't want me to be surprised when I was served. Need advice please
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me what question you have regarding your situation?

(JustAnswer experts cannot give advice just information).
Customer: replied 1 year ago.


can she sue me for commenting on a picture and if so what are the legal aspects of being sued...

Expert:  Joseph replied 1 year ago.
Hello Kim,

While she can theoretically sue you for defamation for making false and damaging comments about her in the comments section of this photo, her chances of being successful on this cause of action are very very slim to none.

The elements of defamation are:

1) A false and defamatory statement concerning another;
2) The unprivileged publication of the statement to a third party
3) and Damage to the plaintiff.

First, she would need to prove that you were making a statement of fact that is untrue (that she is heartless). You can counter that it was your opinion that you were expressing. And, being heartless is really subjective, so it would be extremely hard for her to prove.

Second, she would need to prove economic damages as a result. This is very hard to do, and unless someone refused to work with her as a result of your comment on a photo (highly unlikely), she will not be able to do so.

She would be very hard pressed to find an attorney with any interest in taking this matter, so I think it unlikely that you will receive a summons. But, even if you do, you really don't have much to worry about, since she's lacking on 2 of the 3 component to a successful defamation cause of action.
Customer: replied 1 year ago.


this is what she sent me....kim, I wish you only peace and happiness inyour life. I hope you understand that the facebook postings are unauthorized use of my imabge and defamation of....then I say Who is this....she then says this is linda...and I just want to be upfront with you that I will turn over screenshots to my attorney on Thursday that were placed on my desk bearing your name and tammy not from my employers prospective but a private case...again I wish you peace in your life...linda I then say you wish me nothing linda.... oh and its work time why would you be texting? then linda says again so I am clear defamation of character and unauth use of my image . I am off this after noon. Me... do I have an image of you on my fb? I don't think so...linda...your words someone elses picture...again just wanted to tell you directly not social media take care L. me.... Oh ok the one from the cancer tape. Yeah I commented but you were the one that said and I quote when you were talking to me that day that "this is a business" you made me feel I was nothing to you other than an employee that shouldn't have a heart or any feelings but you would think in a job working with dying people we would all be like a family...but I guess you were correct it is just a business. My 16 years there were not all bad. I just wanted you to know Habe a great life and maybe one day we will run into each other and I wish you nothing but happiness....linda...sorry you feel that way byt again I hope un understand my intentions when I turnover the documents Thursday for a private legal course of action. my communications were only that so that you were not surprised or puclicly notified when seen in print. again take care and I wish u peace Linda..


 


so this is the text and my response to her.

Customer: replied 1 year ago.


did I text anything to her in response of sending me the message first that I need to be leary of

Expert:  Joseph replied 1 year ago.
No, none of that would be actionable anyway. You commented on someone else's picture at a seemingly public event, so she has no case against you for unauthorized use of her image.

Honestly, it seems that with social media, many many people think they have defamation cases, when in reality very very few of them actually have one. Defamation is one of the hardest causes of action to prove and one of the most difficult to get an attorney interested in, so I'd say this is more bluster than anything else.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5146
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

thank you so much. I really appreciate this...

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Joseph
Joseph
Lawyer
5146 Satisfied Customers
Attorney with significant and substantial experience in multiple areas of law.