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. Today, 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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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