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safirev · Feb 8, 2008, 08:48 AM

Hi All I have a question that I think I know the answer to but would really like some feedback. My daughter had a group of three friends. Of the three friends two of them had cell phones and I intercepted a few text messages about the gilrs saying that they were getting high etc. I then told my daughter that these were not the type of girls she needs to associate with. Needless to say she did and it eneded up she got into a fight with two out of the three girls. (over boy drama). One of the girls lives in my community and the day of the fight did not go home. The mother came to my house to look for her daughter and my daughter explained what happened and informed her that the other girls did drugs and drank. The mother ovisouly upset went to find her daughter and took her for a drug test. She then came to my house to speak to me and tell me that she was going to wait for the test results to find out who the "liar" is as she put it. I expalined to her that the issue between the girls was a fight and for that I would be going to the school to file a compliant (there were also some harassing text messages sent to my daughter all of which I have copies) She kept saying to me well she was waiting for the results to see who was lying. After I spoke to the school.. the vice principal indicated to me that she keeps brining up the test because she feels her daughters reputation is tainted. And that she is going to go after a civil suit if her test comes back negative. Now I am a paralegal.. and although I do not work in the civil department I do know that there has to be some type of harm that has come to this girl in order for her to prove a civil suit. Or am I wrong? And again.. she came to my house and spoke to my 14 year old daughter who was home alone, and had just gotten into a fight with her daughter and the other girl. I am crazy for thinking she has no leg to stand on here?

ScottGem · Feb 8, 2008, 08:56 AM

To sue for slander does require some evidence that damages occurred as a result of the slander. But in this case, you have text messages from more than one person indicating the drug usage. That should be enough to make it "common knowledge".

I doubt if any attorney will take the case.

safirev · Feb 8, 2008, 09:13 AM

Hi ScottGem. I actually do not have the text messages about the drug use as that was a month ago.. and Once I spoke to my daughter about not being able to hang out with the girls I let it go. What I do have are the threating text messages from them saying they were going to beat her up. Those I took to the school and we filed a police report about that and the fight. So I have a history of the harrassement. BUt the whole thing about the drugs was never the issue. My issue was the harrassement and fight. I am glad that she is on top of what her daughter is doing and took her to be tested. I did the same. My issue is that she took what a 14 year old said.. without speaking to me and went and spent $200.00 on a drug test. I am assuming for that reason she wants to file acivil suit. But again.. by my knowledge doesn't there have to be some damage to her daughter for her to sue for slander and can she sue a 14 year minor for that?

ScottGem · Feb 8, 2008, 09:45 AM

Like I said, I don't think she will find a lawyer to take this for her. So I wouldn't worry about it.

jp242 · Feb 8, 2008, 11:28 AM

First off, the damages here would not just be the $200 she spent on the drug test but also any injury to her daughter's reputation. It would need to be published to a third person in order for it to be slander, so if the conversation were between your daughter and the girl's mother, that is not enough. I would have a talk with your daughter as to whether she has said anything about this girl and drug use at school. You actually could run into problems if she has said things, they were not true, and the girls reputation or public standing was affected (kicked out of a club, off a team, etc.).

And, for the record, she does not need to retain an attorney as she could sue you in small claims court for a smaller amount of damages.

ScottGem · Feb 8, 2008, 11:39 AM

I disagree that small claims court would accept a slander suit. Second, yes the girl might have a reputation damaged, but unless she can prove material damages, a slander suit wouldn't fly.

jp242 · Feb 8, 2008, 11:47 AM

As an attorney, I disagree with you Scott. In quite a few states, you can file a slander suit in small claims. And in these days of competitive colleges, her reputation and damages from an injury could be substantial. Whether it be resulting in losing a spot on a competitive team, losing recommendations from teachers, or perhaps her grades suffering from the trauma this could cause. I am not saying she has a case, because all of those are hypothetical and we do not even know if it is slander as all that was said could be true, but in the worst case scenario, the poster should be aware of the possible damages.

ScottGem · Feb 8, 2008, 11:51 AM

Not that I'm doubting you, especially since you state you are an attorney and I'm not, but can you provide any verification that slander can be litigated in small claims court. Its my understanding that such courts are for more material damages.

jp242 · Feb 8, 2008, 12:09 PM

Originally Posted by ScottGem

Not that I'm doubting you, especially since you state you are an attorney and I'm not, but can you provide any verification that slander can be litigated in small claims court. Its my understanding that such courts are for more material damages.

Well, for example, in California, there is not specific rule saying a slander lawsuit is not allowed in small claims. You are right in that there must be material (I refer to them as monetary) damages that are ascertainable. In this case, for example, we know of a $200 fee for the drug test. The Plaintiff might be able to put a dollar amount (as is required when you file a claim in small claims) on reputation damages and there could be counseling fees too. It would be difficult, but I am saying it can happen. You would be surprised at what some people will sue for. Personally, I would say the mom is just pissed and is spouting off. Sounds like a teenage tiff gone a bit too far. For the mom in question, I would be surprised if she could come up with enough damages for a 14yr old that would make contacting a lawyer worthwhile.