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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I have a legal question I've been burning mad about for the past 4 days. I just want to make sure its valid. I have a neice; 15 years of age; that plays; and starts on the High School Girls Soccer Team. On Senior night; October 15th; the Pa. Announcer introduced the out going Seniors on the team. My neice is a sophomore. The arrived at one individual Nikki; who's a senior. The Pa. announcer so and so is part of Decca; Madd; etc. And then the announcer stated; in front of Hundreds of people in attendance that night; " And one of Nikki's most memorable moments was making Anna -------- lick the bottom of Erins cleats. Laughs all around. My neice; was humiliated in front of hundreds of people. The whole thing is on tape; on the school website. It is one thing where teammates joke and kid one another; in any sport. It is entirely another thing where your humiliated in public by a teammate; in front of hundreds of your classmates; and parents in attendance at a sporting event. I strongly advised my brother and sister in law to get legal advice pertaining to this particular incident; but I have not heard back. Legally; is there anything that can be done? Everytime I view this; my blood boils. Any information would be greatly appreciated. Thank You.

Submitted: 1 year ago.
Category: Legal
Expert:  Jack R. replied 1 year ago.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

I need a little more information:

Did anna suffer any physical or emotional damage after the remark?

Was the remark true ?
Customer: replied 1 year ago.


Hello Jack R.;


 


Thanks for your reply. NO. The remark made was NOT true. Licking the bottom of someone's cleats? As far as emotional damage done; i'm not sure. But I DO KNOW THIS. Her dignity; respect; self respect; and without a doubt; most important; her REPUTATION suffered greatly. Through NO fault of her own. I know it appears; and sounds like im being thin skinned; but that is not the case. This particular so called joke; prank; or ever you'd like to call it goes way beyond just joking around. At the very least; imo; its defamation of character. Slander. Public humiliation with the INTENT to debase someone's chararacter and reputation. Im not a lawyer; Jack. But I do believe INTENT; as they say; is nine tenths of the law. Again; Thanks for responding.

Expert:  Jack R. replied 1 year ago.
Actual when it comes to civil suit for slander and defamation IT IS DAMAGES that is nine tenths of the law. In most cases if the slanderous remark causes no harm then there is no law suit. secondly, if the comment is so ludicrous no one believed it then there is no basis for recovery.

Intentional Infliction of Emotional Distress requires intent to cause emotional distress. Here you can recover if the individual intentionally made a remark calculated to cause emotional distress to you niece. However, you need to prove the distress actually occurred.

Humiliation and emotional distress are actionable, but there has to be some visible impact either emotionally or physically to collect. If not obvious, you would need a psychologist, or other professional to testify how self esteem has been impacted, or social relationships have been impacted. Don't get me wrong I find the niece's situation deplorable, it is just from a legal perspective there has to be a demonstrable injury for recovery.

Just to be clear intent has nothing to do with slander and liable. The making of the statement itself is sufficient if believed by a 3rd party.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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