Def[a]mation of Character?

ad2607

Hi
The other day I was in a popular fast food restaurant for my cousins birthday i was there with my mother, my grandmother, 2 cousins and my 3 brothers and sisters.
I was sitting reading a paper when a security guard taps me on the shoulder and asks me can he talk to me for a second. I replied no and asked what was wrong. He told me i was barred and i had to leave the premises. i told him i hadn't been in this restaurant in years and hes reply was "just leave" ,and just as he said that another member of security came over and told him that I wasn't the man he was looking for. My mother complained to the manager and simply got a half arsed apology. My grandmother who is terminally ill was and still is ridiculously distressed over it all because we were finished our food when this happened so when we were leaving it looked to everybody (the shop was packed) that we were all being kicked out. The security guard followed us out and watched us drive up the road even though he had apologized and admitted he was wrong.

anyway, my grandmother is adamant that I speak to a solicitor as i have every right to sue. What im wondering is though is it worth my while going through all the hassle of it just for a silly settlement or is this something big?
i personally will not be able to ever walk into that shop again.

TheBoffin

Most likely slander is the avenue of exploration as it was spoken and not written.

Proof will be your biggest challenge. Was it heard by others (outside of your table) in the fast food outlet and can you prove harm caused as a result of same.

You did say that the security guard asked if he could have a word and you said no which would suggest it left them with the only option of confronting you at your table.

My advice is to seek professional advice from a solicitor as legal advice cannot be given here.

ad2607

Ok Thanks

Ken.

Is it a chain of restaurants or a single place (don't name them). If it's a chain email or write to their head office outlining what happened. If its a single place address a letter to them marked owner or manager(unless you know the name of the owner,if you do address it to him/her).

No point going to the expense of a solicitor straight off the bat.

BTW what would you like to happen?.

Tom Young

No such tort as slander since 2009. The Defamation Act, 2009, merged the former torts of libel and slander. That said, folks still cross over to distinguish the printed word versus the oral publication/broadcast.

OP you probably should speak with a solicitor. We don't do legal advice here.

DMcL1971

I would say you have no case whatsoever here.

Pro Hoc Vice

TheBoffin wrote: »

Most likely slander is the avenue of exploration as it was spoken and not written.

Proof will be your biggest challenge. Was it heard by others (outside of your table) in the fast food outlet and can you prove harm caused as a result of same.

You did say that the security guard asked if he could have a word and you said no which would suggest it left them with the only option of confronting you at your table.

My advice is to seek professional advice from a solicitor as legal advice cannot be given here.

The Defamation act 2009 removed a slander it is now the Tort of Defamation, publication is not a problem, as a person other than the OP heard it, there is no need under the 2009 act to prove Special Damage.

http://www.irishstatutebook.ie/2009/en/act/pub/0031/

To the OP, this is a complex area of law, with in relation to your type of case conflicting judicial decisions. Seek legal advice if a solicitor believes you have a good case he may take the case no win no fee.