lawyer greenville :From Dog Bites to Slander

2007-03-08 10:33:40

( Legal )



Do you know what to do if you are assaulted or a dog bites you in North Carolina? Contact a lawyer greenville if someone slanders you or an attorney greenville if your privacy is compromised. Any north carolina lawyer can help you with the following issues:
1. What will a lawyer greenville tell you to prove in the case of assault or battery?
Assault and battery are not the same in legal terms.
Assault: threatening to use force unlawfully to injure someone. The threat should be imminent and cause the plaintiff to be apprehensive. Whether it is assault or not depends on whether the victim’s reaction is reasonable. If the threat of force is not imminent but likely to occur in the future, this is not assault, for example a threat made by phone.
Battery: intentional and unlawful contact with another person. You don’t have to prove actual injury – just contact with your person or property (even grabbing onto your coat). It can even be contact with your property in your proximity.

2. Ask a lawyer greenville – if your dog bites someone, are you liable for doctor’s bills?
Generally, yes. You will be help liable for the injuries your animal causes. However, the matter is not simple, and changes from jurisdiction to jurisdiction. In certain jurisdictions, it is necessary to prove that the owner knows that the dog had an inclination to attack. In others, the victim may only need to prove the owner was negligent.

If the animal is a wild animal (a bear, lion or monkey for example), the owner is always liable.

Certain states and even municipalities also have their own particular statutes regarding owner responsibility.

If the victim is an adult, the owner can claim that his dog was provoked – especially if the victim was warned not to approach the animal. This defense does not hold when the victim is a child.

When the owner’s liability has been established, the victim must produce evidence of his injury expenses. This could even include lost wages or compensation in the event of permanent disability or pain and suffering.

3. How do you win a libel or slander claim?
Defamation is both libel and slander. Slander occurs when your good name or reputation is damaged by oral statements which are false. Libel occurs when these false statements are made in writing.

Whether a statement is either slanderous or libelous depends on circumstances. You must prove that the statement was passed onto a third party. You need to prove that the statement was intentional or negligent.

In order to begin a lawsuit you have to prove that the defamatory statement was true. Even if it was damaging, if it was true, you don’t have a case.

To recover losses (for example for a business) you need to prove that you were harmed economically (for example criminal conduct or sexual impropriety); you don’t even have to prove economic loss.


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