QUESTION

I was in O,Reilly auto parts last week ago and was called a thief by a employee.

Asked on Mar 07th, 2022 on General Practice - Arkansas
More details to this question:
This kid called me a thief and I’ve never been so upset and mad in my life.
Report Abuse

1 ANSWER

Personal Injury Attorney serving Orlando, FL
3 Awards
You may have a claim against the store for defamation of character. A false statement was made and was presumably published to a third-party, and that constitutes slander per se, which means you do not have to prove damages. When any plaintiff files a lawsuit against a defendant for defamation, they have to prove that they have been damaged. However 'slander per se' allows a plaintiff to recover damages without the need of proving same, if the statement falls into either of four categories. 1. Youve been accused of having a loathsome disease 2. You have been accused of a crime, 3. You have been accused of being a person of ill repute, or 4. You have been accused of being dishonest in their business dealings. Finally, there should be a source of recovery because 99% of the time commercial businesses like this have insurance policies that cover advertising injuries. That is a fancy word that means that defamation is an insurable risk that commercial enterprises protect themselves against. So what you should do is to retain counsel to represent you, and have a claim filed against the business. If they refuse to negotiate with you or you do not have any luck in finding a lawyer to represent you, you can always file a lawsuit against the business in small claims court.
Answered on Mar 07th, 2022 at 4:40 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters