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If you are telling people your personal information, then you cant come back and use this to sue them.
Yes, you can. While the suit may be dismissed, it is still suing "them". Anyone can sue regardless of the merit of the case. In fact, that's why there are courts, to decide the merits.
There ARE frivolous lawsuits and courts are wont (correct spelling of correct word) to fine those who bring frivolous suits (and their attorneys, if not small claims court); but it is certainly within the judgment of the individual whether to bring a case to court.
If not a small claims court, it still involves time and/or money to defend against even a meritless lawsuit. So while you argue whether there is merit, it is irreleveant in general and specifically to the OP's question.
Defamation is involved in both libel and slander; however, in this case, the topic is libel (written defamation vs oral = slander).
OP, you are free to state your beef with your LL or former LL. However, you do need to be aware that the LL may attempt to stop you. If you are willing to put yourself out there, then put your case together, but do not post it. Ask a trusted and wiser older family/friend's advise before actually posting it on the "webz" and do so fully informed of the ramifications of your actions.
Are you saying that means the LL wants it broadcast to the public? Perhaps the LL discussed the matter with the tenant in confidence, or perhaps the tenant observed the LL taking anti-HIV medications -- that doesn't give the tenant the right to make that public knowledge. This is the entire purpose of this tort.
Only the observation of medication and telling people about it would be a good case...
Not if the original version of LL telling the tenant that has HIV, unless the LL made it clear it was a secret, for example:
taking someone to aside to a private place and telling them.
but if I say I have HIV in the street or a mall (even if I am talking to my brother), there is no reason to believe is a private information.
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Tell that to the people who have filed lawsuits under this tort. Be sure to go back and inform the appropriate number of judges and juries that they were wrong.
Again, apparently you dont understand me.
You can sue anybody if you want to, but for this tort, the judge would want to see that you wanted to keep this information a secret.
For example, at work I am talking to the secretary in the lunch room, there are other employees on the lunch room and I start to talk about my HIV to my secretary, you really dont have a case...She can tell everybody in the office about it...
That is different if I call my secretary to my office close the door, and start talking about it, in this case there is a sense and understanding that the subject is personal and private.
If you can find me a case to prove me wrong, I would gladly say I am wrong...
I hope you find it.
You're agreeing with my post. What, exactly, are you attempting to argue about?
The point is that just because somebody can sue you, that doesnt mean you should stop what you want to do...
then you wont do anything...
For example, I can sue you right now for disagreeing with me and making me look bad in public and whatever...
But you do know that would be a BS sue.. so you continue posting in city-data, even if someone can sue...
Same for the OP, just because they can sue is not a valid reason to stop, unless you are doing something wrong and the sue has merit.
With this type of thinking you would never open a business, because you are they will sue you... I have a business and I do my best to avoid merit lawsuits, but I cant avoid BS lawsuit.
I used to work for a hospital (I used to be a CFO for a hospital), and let me tell you hospital are day in day out in courts, I cant even tell you how many times I have been in courts for frivolous lawsuit
Only the observation of medication and telling people about it would be a good case...
Great. Now that you've backtracked on your prior statement, and given that you're agreeing with what I've said, what are you still trying to argue with me about?
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Originally Posted by infiri
Again, apparently you dont understand me.
No, I think you're the one lacking in understanding. This is what I've been saying from the very beginning. You keep trying to automatically argue with every post I make, but you repeatedly wind up agreeing with me.
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Originally Posted by infiri
The point is that just because somebody can sue you, that doesnt mean you should stop what you want to do...
So while you argue whether there is merit, it is irreleveant in general and specifically to the OP's question.
OP, you are free to state your beef with your LL or former LL. However, you do need to be aware that the LL may attempt to stop you. If you are willing to put yourself out there, then put your case together, but do not post it. Ask a trusted and wiser older family/friend's advise before actually posting it on the "webz" and do so fully informed of the ramifications of your actions.
Great. Now that you've backtracked on your prior statement, and given that you're agreeing with what I've said, what are you still trying to argue with me about?
How is it backtracking my statement??
You are the one changing thing, like if they saw a bottle of anti viral medication, each case has it own merits.
If you change the situation it calls for new opinions...
You are the one changing the situation not me..
If the LL said to them in public place that he has HIV, LL can't call it a private conversation where privacy is respected.
Now going into someones bathroom and checking their medication without is completely different...
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No, I think you're the one lacking in understanding. This is what I've been saying from the very beginning. You keep trying to automatically argue with every post I make, but you repeatedly wind up agreeing with me.
Ok, here is my point, as long as it true, the OP can say what ever she wants...
You think for some reason this is not true...
I understand if it is a personal matter, i get it, ,the OP is not talking about personal matters.
If the OP say the LL is the worse in the world, the OP cant get into trouble, this is an opinion, unless she is an expert on the subject.
She can say the building has the worse design ever, and the OP is safe...
Now, can the LL sue, yes, would he win, very very unlikely.
First you said public disclosure of private fact only applies to lovers. Now you're acknowledging that it doesn't.
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Originally Posted by infiri
as long as it true, the OP can say what ever she wants...
You think for some reason this is not true...
Feel free to quote the post where I said the OP can not say whatever he or she wants. You're making assumptions, and then attempting to argue with me over those assumptions.
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Originally Posted by infiri
I understand if it is a personal matter, i get it, ,the OP is not talking about personal matters.
This has nothing to do with whether or not the LL could file a lawsuit.
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Originally Posted by infiri
If the OP say the LL is the worse in the world, the OP cant get into trouble, this is an opinion, unless she is an expert on the subject.
This has nothing to do with whether or not the LL could file a lawsuit.
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Originally Posted by infiri
Now, can the LL sue, yes, would he win, very very unlikely.
First you said public disclosure of private fact only applies to lovers. Now you're acknowledging that it doesn't.
Actually that was another person that said that not me.
It was jdm2008 that said:
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Public disclosure of private facts? The OP and the landlord are not lovers, and he is not disclosing that the landlord has an STD etc, that is not relevant here.
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Feel free to quote the post where I said the OP can not say whatever he or she wants. You're making assumptions, and then attempting to argue with me over those assumptions.
I am making assumptions, you just did an assumption about the lovers...
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This has nothing to do with whether or not the LL could file a lawsuit.
it has to do with winning or not winning the lawsuit.
and it has a lot, a LL is not going to waste time unless he really think he is going to win
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This has nothing to do with whether or not the LL could file a lawsuit.
it has to do with winning or not winning the lawsuit.
Actually that was another person that said that not me.
Nope, it was you. See post #s 14 and 17.
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Originally Posted by floor9
Are you suggesting that this tort only applies to lovers?
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Originally Posted by infiri
Actually it does...
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Originally Posted by infiri
it has to do with winning or not winning the lawsuit.
So again, it has nothing to do with whether or not the LL could file a lawsuit.
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Originally Posted by infiri
a LL is not going to waste time unless he really think he is going to win
You don't have to win a lawsuit to be successful; plaintiffs file frivolous lawsuits all the time.
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Originally Posted by infiri
it has to do with winning or not winning the lawsuit.
So again, it has nothing to do with whether or not the LL could file a lawsuit.
Note the difference between "winning" and "filing". Which -- if you read the thread -- is what I've been saying all along.
Myself and others in the thread say a lawsuit could be filed; you're arguing whether it may or may not be winnable, which is really irrelevant from the OP's liability perspective.
14 is ur post
17 clearly state that if the conversation is in private then u have a case if the conversation is not in a private setting then it is not. Also it state friends, lovers and family member.
So try again and get ur facts straight.
There are such thing as taking out of context, u should read the while post.
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So again, it has nothing to do with whether or not the LL could file a lawsuit.
No LL will sue because of this...
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You don't have to win a lawsuit to be successful; plaintiffs file frivolous lawsuits all the time.
And it is costly because a frivolous lawsuit will pay for the others party law cost.
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Note the difference between "winning" and "filing". Which -- if you read the thread -- is what I've been saying all along.
He won't sue unless he has a case,
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Myself and others in the thread say a lawsuit could be filed; you're arguing whether it may or may not be winnable, which is really irrelevant from the OP's liability perspective.
I am not arguing with the point that everybody can sue like I can sue u right now, but we are talking about the probability that the LL would file a frivolous lawsuit is in my opinion ridiculous.
Tenants have been venting to LL for hundreds of years, and now win the Internet left and right and yet u don't see the court full of this frivolous lawsuits.
I have never heard of a LL filing a lawsuit because tenants are telling everybody how bad the LL is. But hey if u can find me case I would gladly read it.
But what u r saying is a little of paranoid.
Is like saying hey don't drive because thousands die in car accident, or don't take a shower because thousands die while taking a shower.
Don't tell the truth because the person will sue you.
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