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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If I post a flyer on my community corkboard in the mailroom

Customer Question

If I post a flyer on my community corkboard in the mailroom calling the attention of residents and stating only facts around a new resident who made a false claim about my two dogs "almost killing her in an attack", can I be faced with legal action? She called animal control and I am being forced to surrender my dogs today by 2pm for a 10 day quarantine! She claims my dogs attacked her dog and her and she showed animal control a SCRATCH that HER dog made on her shoulder when she picked her up and falsely blamed my dog. I've lived in this complex 3 years with these dogs and never once have they shown aggression. The "victim" has been non responsive to my repeated attempts at contacting her about this situation. She has instead blasted me online both on our community site and on her FB page. I want other residents to be aware of what happened so no one else is faced with this insanity and having to surrender their beloved animals for NO reason whatsoever.
Submitted: 7 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

Let me answer your question in a manner that is most unfavorable to you, specifically if the other person chooses to pursue this as much as possible. In general posting information about another is permitted unless the information is false or drafted in a way to appear false. That is called 'defamation', and if she claims that your posting is defamatory she can potentially pursue damages based on the harm done to her reputation. Truth is the ultimate defense since one cannot be liable for defamation if the information is true. But she can still attempt to threaten you with suit. Likewise, even if the information is true, but the information is provided in a skewed manner or the information was somehow protected, then there might be a civil suit for 'invasion of privacy', specifically for 'false light' or for 'public disclosure of private facts'. Finally, if you personally contact her in an unwanted or an annoying way, then that may create a basis for 'harassment', and that may also have criminal implications. I suspect there is not enough here for harassment if you do not contact her directly, but I wanted to bring it up in case you attempt to confront her directly, as that would not be the wisest choice of action.

Sincerely,

Dimitry, Esq.

Customer: replied 7 months ago.
Thank you. She did post photos of my 7 year old high functioning autistic son and aggressively blamed him for the "incident" - I emailed her directly and asked that she remove his photo immediately. I emailed her a 2nd time informing her of the phone call I received from animal control demanding I surrender my dogs to an animal shelter for a 10 day period. She still has never responded to my repeated emails asking to her contact me regarding "emergency vet bills" she claims to have incurred. Several residents have confirmed no one was injured during this brief encounter and she had no direct contact with my dogs. My dogs were on leashes with my son and his nanny when this happened. I have attached the fact based flyer I intend to post.
Expert:  Dimitry K., Esq. replied 7 months ago.

You are most welcome, truly.

It appears that you may then have a basis for suit against her for defamation, harassment, and invasion of privacy, specifically based on her statements against your son and falsely blaming him for the incident. Now as far as your flyer, I do apologize but as I am not your attorney, I cannot evaluate it and tell you what is valid or not--any review of documentation is a premium service for an additional fee. I can, however, reply in general terms as I have in my initial response.

Sincerely,

Dimitry, Esq.