Questions for chadknowslaw

[chubbs]

My next door neighbor is a total DICK. I was wondering, if I took a bunch of pics of him sitting on his patio, then put them up on a site called fatasslame.com or drunkidiot.com or something like that, could he sue me?

--Chubbs

[gaybucks_chip]

I'm not Chad, but here's some food for thought.

The issue isn't whether or not he could sue you. Anyone can sue anyone for anything, regardless of whether or not there's any merit to the lawsuit.

For example, I could file suit against you for $100,000, claiming that you've wronged me in some horrible way. I wouldn't win, but if I had money and wanted to be a dick, I could drag out the proceedings, force you into discovery, file a bazillion motions, and you would be forced to pay an attorney to defend yourself or else just default and allow me to get a judgement against you. It's evil and fucked up, but that's the way our legal system works.

So with regard to your website against your neighbor, if what you said was factual, was protected parody, or opinion, and did not violate his rights of personality and publicity (if your state recognizes those) then he might not have any grounds to *recover* against you, but he could still file suit, cost you tens of thousands of dollars in legal fees before you managed to get the case dismissed or won at trial. And there's no guarantee that even if you won, that you'd get your legal fees back.

So... as tempting as it might be, I would think you'd be best advised not to do what you're speaking of.

[TropixxxStudios]

Good advice Chip. Did you go to law school or are you just a nerd? :thumbsup:

[gaybucks_chip]

A nerd with various consulting experience, some of which involved working for companies who were being sued... and also 2 brothers who are attorneys

[TropixxxStudios]

A nerd with various consulting experience, some of which involved working for companies who were being sued... and also 2 brothers who are attorneys

Well you ALWAYS seem to have the right answer...maybe it's time for law school at night. :heart: You have better morals and ethics than most lawyers I have ever met. I would follow your advice any day. :thumbsup:

[PornMadeMeRich]

My next door neighbor is a total DICK. I was wondering, if I took a bunch of pics of him sitting on his patio, then put them up on a site called fatasslame.com or drunkidiot.com or something like that, could he sue me?

--Chubbs

I would be interested in hearing more on this of course, but I think the key here would be "HIS" patio.

[chadknowslaw]

Good advice Chip. Did you go to law school or are you just a nerd? :thumbsup:

He is a nerd. A lovable nerd, but still a nerd.

You aren't going to trip any legal triggers if you are taking pictures from the street and his patio is easily viewed.

HOWEVER, California has a prohibition against invasion of privacy so if this is California, you have to tread carefully. It is OK to make fun of someone as long as what you say is truthful, you are not doing it specifically to financially harm him, and the images you use are taken in public.

[chubbs]

He is a nerd. A lovable nerd, but still a nerd.

You aren't going to trip any legal triggers if you are taking pictures from the street and his patio is easily viewed.

HOWEVER, California has a prohibition against invasion of privacy so if this is California, you have to tread carefully. It is OK to make fun of someone as long as what you say is truthful, you are not doing it specifically to financially harm him, and the images you use are taken in public.

Yup, I am in California. I'll do a little more research but as of right now I am leaning towards launching the "site"

He's just such a dick. For example, he was using a wrist rocket to shoot jaw breakers at my security camera that he thinks I use to watch him. So I called the cops. Now, whenever I walk by his patio, he spits like 2 feet behind me.

--Chubbs

[chadknowslaw]

Sounds like you have a situation ripe for a Restraining Order.

[TropixxxStudios]

Sounds like you have a situation ripe for a Restraining Order.

Spoken like a lawyer.

Sounds like you have a situation ripe for a baseball bat, some bleach, and a shovel.

;o)

[chadknowslaw]

I would say rent the movie "pacific heights"


Lots of good ideas there

[chubbs]

Sounds like you have a situation ripe for a Restraining Order.

This is a great idea. Never thought of it before as he is my next door neighbor. If the RO says he cant get within in a certain distance, and I am walking by his patio, does he have to go inside? How does an RO work against your next door neighbor? I live at the beach and our houses are literally less than 10 feet apart from each other.

Thanks for the help Chad.

--Chubbs