Can I be sued

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Latest post 09-08-2009 8:36 AM by suggie. 6 replies.
  • 09-07-2009 8:44 AM

    • suggie
    • Top 500 Contributor
    • Joined on 12-24-2007
    • MD
    • Posts 92

    Can I be sued

    I have been encouraged by a published author instructor to move forward on a book that I am currently writing. It is a true story but names have been changed . Do I need to get a release signed by the individuals in my book even though they are not mentioned by their real name?

  • 09-07-2009 11:18 AM In reply to

    Re: Can I be sued

    suggie:
    Can I be sued.

    Yes.

    Of course you can be sued. All it takes is somebody who thinks they have a beef with you.

    suggie:
    Do I need to get a release signed by the individuals in my book even though they are not mentioned by their real name?

    Depends on what you are writing, who you are writing about, whether the people can be easily identified, and whether what you are writing will be considered by them to be detrimental to them.

    For example, if your neighbor is John Smith and you write: "Yesterday, my neighbor Bob Jones sliced up a cat and fed it to his children", you'd better get a release.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 09-07-2009 11:36 AM In reply to

    Re: Can I be sued

    "Do I need to get a release signed by the individuals in my book even though they are not mentioned by their real name?"

    As Jack said not even the disclaimer that you see in every book that reads "names have been changed to protect the identities of those involved" can shield you from a suit.  A release can't shield you from a suit, in reality as a judge can throw it out as well. 

    Write the book then run it past an attorney experienced in this area of the law to find out what your exposure is.  Until the written word exists you don't know what your true liability is you are merely speculating.  You may have to do some editing and get the releases but then you have your finished book and can go to the publisher unencumbered ready to go to press.

  • 09-07-2009 8:08 PM In reply to

    • suggie
    • Top 500 Contributor
    • Joined on 12-24-2007
    • MD
    • Posts 92

    Re: Can I be sued

    How can some of the political books be written when they directly attack key well known figures?

    If there is documentation of the facts what grounds could someone have to file a suit?

     

     

  • 09-07-2009 8:42 PM In reply to

    Re: Can I be sued

    Because they are public figures and theyhave been fact checked.

    And the author and publisher are sometimes sued.

  • 09-07-2009 9:26 PM In reply to

    Re: Can I be sued

    suggie:
    How can some of the political books be written when they directly attack key well known figures?

    Because they are public figures.

    suggie:
    If there is documentation of the facts what grounds could someone have to file a suit?

    Truth is a defense against a defamation lawsuit, but it doesn't prevent the lawsuit from being sued.

    And, like anything else, truth is in the eye of the beholder, and the beholder who has the final say is a judge or jury.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 09-08-2009 8:36 AM In reply to

    • suggie
    • Top 500 Contributor
    • Joined on 12-24-2007
    • MD
    • Posts 92

    Re: Can I be sued

    I do have the legal documentation including police reports etc.

    Seeing as someone can at least file a suit for any reason is there insurance that covers a writer .I do have all documentation concerning this and there are no assumptions on my part just pure  documented legal facts but defense is expensive even if you are right.

    Thanks for all the help

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