Lana, a ten year old child, is run over by a car negligently driven by Mitchel. Lana, at the time of the accident, was acting reasonably and without negligence. Clark, a newspaper reporter, photographs Lana while she is lying in the street in great pain. Two years later, Perry, the publisher of a newspaper, prints Clark's picture of Lana in his newspaper as a lead to an article concerning the negligence of children. The caption under the picture reads: "They ask to be killed." Lana, who has recovered from the accident, brings suit against Clark and Perry. What result?
Niki
I dont think 10 year olds can bring suit against anybody
Btw this isnt current news
However if she was a major, she could probably sue Clark and Perry for defamation. (which is written slander I think)
Im a BLAW student 2 ! But a little rust ytook that class last semester
Rocknrobin
I take it Lana was playing in the street as ALL kids do. And that makes her in public. Anyone can take a picture and publish it. There may be slander involved, but otherwise, just a big long expensive lawsuit. If you got $ and years to spend, go for it. Make someone an example. Did you go after the negligent driver? Sure you did. And now you want more involved to pay? Make sure your heart is ready for the long haul. Most of us don't have that kind of cash. And that's why the reporter/photographer does it. I feel for you. Peace!!
WiseSage
It's not defamatory to wrongly say someone is dead. It is defamatory to say she was behaving in a negligent way but it would depend whether the meaning taken was that the child in the picture was Lana - lapse of time could mean that she wasn't identifiable anyway.
However, she probably will have a successful claim for invasion of her privacy.
Orignal From: What is the answer to this tort law question?
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