What can I do about a store employee defaming me in front of customers and employees?

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What can I do about a store employee defaming me in front of customers and employees?

A few weeks ago, my son messed up the Halloween aisles at our local Walmart. When my husband found him, he was being told by an employee to clean the mess up. My husband popped him on the back of the head, which wasn’t nice, but I understand his frustration, and my son threw a fit which included laying on the floor. New Link Destination
day, we went into Walmart to shop and as we walked up to the customer service counter, an employee exclaimed,

Asked on October 29, 2017 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You stated in your answer that your husband "popped him on the back of his head," which makes the statement that your husband "beat your son" in the store that night fundamentally true. True statements, no matter how embarrassing, are not defamtion: only factually false statements may be. Based on what you write, this was not defamation and is not actionable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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