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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The Berry Company built a website and published the website

Customer Question

The Berry Company built a website and published the website live online without my permission. They were supposed to get my input and never asked me a question about my business than built a website and is falsely advertising my business online live with
tons of misinformation. I cant get them to remove the website. There is advertising information that can cost me $90.00 per day in fines plus 90 days in jail per day that the information is in violation of the Kentucky State Plumbing Code. They were supposed
to get my input and build a website specifically for my business and were not to make the website live without my approval or authorization. How do I sue them? What kind of attorney do I need since its an out of state problem?
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello friend. My name is ***** ***** welcome to Pearl. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.
I am very sorry for your situation.
First of all, this may be taken care of in Ohio court. Under Ohio Rev. Code Ann. § 2307.382, any person or entity that does any business in Ohio fall under the jurisdiction of Ohio Courts. So someone in your situation may wish to pursue this matter in Ohio.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, you may have a cause for:
Negligence: to establish actionable negligence, one must show the existence of a duty, a breach of the duty, and an injury resulting proximately therefrom. Jeffers v. Olexo,***** 3d 140 - Ohio: Supreme Court 1989.
Defamation: A cause of action for defamation consists of five elements: (1) a false and defamatory statement, (2) about plaintiff, (3) published without privilege to a third party, (4) with fault of at least negligence on the part of the defendant, and (5) that was either defamatory per se or caused special harm to the plaintiff. See Akron-Canton Waste Oil, Inc. v. Safety-Kleen Oil Serv., Inc. (1992), 81 Ohio App.3d 591, 601, 611 N.E.2d 955, 962, citing Restatement of the Law 2d, Torts (1977) 155, Section 558.
Interference with business relationship: The tort of interference with business relationship occurs when a person, without privilege to do so, induces or otherwise purposefully causes a third person not to enter into or continue a business relationship with another. A & B-Abell Elevator Co. v. Columbus/Cent. Ohio Bldg. & Constr. Trades Council (1995),*****3d 1, 14, 651 N.E.2d 1283. This can involve the false statements and other acts that make you liable under the KY code.
While the main trial is pending, one may attempt to get an emergency order to order them to TAKE IT DOWN until that time.
How do I sue them?
An attorney is recommended.
What kind of attorney do I need since its an out of state problem?
You would need a litigation attorney. May I recommend the Ohio Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. A party outside of Ohio may still be served and summoned to an Ohio Court.
I hope this helps and clarifies. Good luck.
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