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Question

What kind of relief can I get if a competitor commits libel online, and we have proof?

Submitted: 23 days and 14 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: California

Posted by SmallTownLawyer 23 days and 14 hours ago.

Answer

Hello -

Thank you for contacting JustAnswer.

To prevail under a libel claim, you'll not only have to prove that the competitor published something false online, but that it also damaged your reputation. You would have to show some kind of tangible proof (bank accounts, sales numbers, etc.) that would prove that those specific statements caused the monetary drop. As you can see, it is very difficult to prove this hurt you in any meaningful way unless the numbers really show it.

If you were to prove there was a damage to your reputation, you could receive damages and an injunction preventing the tortfeasor from continuing to defame you.

Hope this helps,

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

23 days and 14 hours ago.

Reply

We can prove it stopped us from getting a deal. It was a small one (about $10k). WE can also prove it was the compeitor that did it (we have a ton of data backing it up. IP addresses, email addresses, myspace accounts). The libel is a really nasty one on ripoffreport.com Here is the link: http://www.ripoffreport.com/Landscaping/Zero-Turf/zero-turf-tuscany-paver-ja-d4d2d.htm

 

We want to stop them from doing this again, and recover money if possible. We don't care if we get any money, we just want to take it away from them. Legal fee's plus punitive damages. If we could put them out of business even better.

 

Is this something you can help us with? What do you think our best course of action is?

Accepted Answer

Thanks for your response.

I understand that it is the principle that counts.

It sounds like you have a valid claim, if you can prove (a) the statement was false, (b) it was published to a third party, and (c) you suffered damage to reputation. It sounds like you have all these factors.

Unfortunately, experts here may not provide legal advise or represent clients outside of the site, so I will not be able to help you with this.

However, you should be able to find a civil attorney in California that will take this case for you on a contingency basis. When you go to your consultation, take whatever proof that you have. This will make the attorney more inclined to take your case. Many people try to bring these cases but don't realize proving the damages is extremely difficult. If you can prove them, you have a case.

You could search www.martindale.com or www.lawyers.com for lawyers in your area.

Good luck.

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

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Expert: SmallTownLawyer
Pos. Feedback: 98.9 %
Accepts: 
Answered: 10/29/2009

Attorney

Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense

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