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  1. #1
    Join Date
    May 2009
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    2

    Default Can I Be Sued for Libel

    My question involves defamation in the state of: florida

    my neighbor intentionally, and without warning, trapped our family cat (with a baited trap on his property) and claimed to have taken him to the pound. ( i searched every pound and shelter in the area and could not find our cat) the police were called, and this man and his wife admitted to the officer that they did this. the police officer told us that, unfortunately, if the cat came on to his property, he was within his rights to trap the cat. (even without warning, and without telling us after..... i saw the trap in the garage, and put 2 and 2 together.) my issue is the man is a local firefighter, and his wife is a local grade school teacher, and should be held to a higher moral standard and i feel they acted with total disregard for my family, as they knew it was our children's pet. this is not the first time the have done something nasty but legal to us. i would very much like for the taxpayers of our county to know what their hard earned tax dollars are going toward.... and i would like to write a carefully worded, "facts only" editorial to the local newspaper, (about the cat incident only) that includes both of their names and occupations. can i be sued for libel by doing so?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I Be Sued for Libel

    and should be held to a higher moral standard
    Why?

    i would like to write a carefully worded, "facts only" editorial to the local newspaper, (about the cat incident only) that includes both of their names and occupations. can i be sued for libel by doing so?
    Sure, they can sue you. Anyone can sue anyone else for anything, provided they have the time, patience, and money to do so.

    Winning the suit, however, is a completely separate thing.

    If you publish "just the facts", that's certainly a defense to a libel suit - truth being the absolute defense - but why would you want to drag the community into your private dispute. What do you hope to gain from such a letter to the editor except lasting enmity?

    The police officer is correct, incidentally. It's your responsibility to keep control of your pets - and that includes your cats. In some communities, you can even be fined for allowing your cats to roam.

    Contrary to popular belief that cats should be allowed to freely roam, it's actually quite dangerous to allow that. Aside from injuries incurred by bigger, meaner animals, there's also the risk of them being hit by cars or trapped and hauled to the pound by neighbors tired of dealing with your animal loose on their property.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can I Be Sued for Libel

    I doubt that the local newspaper would run the letter in the form described.

  4. #4
    Join Date
    May 2009
    Posts
    2

    Default Re: Can I Be Sued for Libel

    i do not dispute the fact that the cat was on his property and should not have been. but let me ask you, does leagal, automaticlly mean "moral"? i feel this man and his wife should have at least brought it to our attention that he had issues with the cat, not just planned and trapped him, out of the blue. the baiting of the cat is also an issue with me, cats have a very strong sense of smell, 14 times stronger than a humans, and our lots here are small. our cat could have very easily been napping on OUR front porch, as was his usual routine, and caught a whiff of the canned food in the trap and been LURED there, onto his property.
    incidentally, i asked for advice on the possibility of a libel lawsuit, not your views on proper animal control. but thank you for them anyway.

    why should firefighters, and school teachers be held to a higher moral standard? do you really need me to answer that?!

  5. #5
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Can I Be Sued for Libel

    If you allow your cat or any other pet outside. The animal is your responsibilty and you must control your animal. It does not matter why the cat went onto his property.

    The problem with ferral cats and dogs running around in the city is out of control. Doesn't matter where you live. Some cities are actually looking at having cat licenses. Due to the problems they have.

    If you had control of your pet then your pet would not be gone. So ultimately it is your fault that the animal was loose and was caught in a legal manner.

    When a domestic animal is running wild there usually is no ordinance or law restricting the person that catches the animal. Besides the fact that the person must dispose of such animal in a humane manner. Which if he took it to the pound that was a humane manner.

    Moral and Law are two different things. What is right by Moral Standard is one thing. What is right by Law Standard is another.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I Be Sued for Libel

    but let me ask you, does leagal, automaticlly mean "moral"?
    The law doesn't deal in "moral", only "legal". The law isn't particularly interested in your definition of moral, and does not take a position of "moral authority" - only one of legal authority.

    It doesn't matter that you think that firefighters and teachers should be held to a standard different from the one you believe you should be held to. The law only holds them to the standard of Citizen of the Community, and as such does not mete out harsher punishment simply because someone believes they should receive such based on their own perception of "morality".
    cats have a very strong sense of smell, 14 times stronger than a humans
    This in no way absolves you from your responsibility to keep your own pet 1) out of harm's way and 2) from annoying the neighbors.

    I'm not especially concerned that you don't want to hear my "views" on animal control. I'm telling you that the law requires that you keep your pets confined. If you fail to do so and something happens, it's on your head, and any judge you might try to complain to will tell you so.

    You should really consider paying closer attention to your pets, rather than skulking about to find a way to incite community discord without getting sued.

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can I Be Sued for Libel

    First, newspapers have legal guidelines that prevent them from printing letters to the editor that are personal attacks. The newspaper itself can be sued as well as the letter writer.

    Your opinion on higher moral standards is legally and factually meaningless.

    I would check with the local aspca and find out what the rules are on trapping animals and what recourse you might have, if any. A big question is, where is your cat? Do they have it? Did they kill it? There might be some legal violation there.

    Did your cat of a collar with ID? If not, that was your big mistake.


    Here in Key West there was a somewhat similar case. A cat was running around and an out of town family renting a house in a wealthy development enticed the cat to come inside the house with some food. They took the cat home with them. The cat belonged to a neighbor. I will spare the details, but the cat owner found out what happened and demanded the cat be returned. The tourists refused. They were sued and had to come back to Key West. The tourists lost and had to return the cat. Both sides spent over 10k on attorney fees. This got lots of press.

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