can we sue the newspaper for the photo they posted of my sister car accident she was killed in it

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can we sue the newspaper for the photo they posted of my sister car accident she was killed in it

The news paper posted a picture of my sister still trapped in the car she was in .she’s got killed in the car accident and her body is still in the car

Asked on February 13, 2019 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you can't, unfortunately. This was news and it was evidently true--you don't allege or state that they made some false representations or statements about this. Those factors mean they were allowed to do this, no matter the hurt it may have inflicted on your family. Since they could legally take and publish the photograph, you can't sue them. As a general matter, true photos may be taken and published by most people in most circumstances, even if the photograph's subject or her family object.
Please accept our sympathy for your family's loss.


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