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

via face book about my...
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
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Answered in 1 minute by:
9/30/2013
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
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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?

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Customer reply replied 4 years ago


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

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.
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Customer reply replied 4 years 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 reply replied 4 years ago


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

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
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Experience: Attorney with significant and substantial experience in multiple areas of law.
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Customer reply replied 4 years ago

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

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