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The father of a boy misidentified by the New York Post as a Boston Marathon bombing suspect may soon extract his legal pound of flesh from the tabloid, as he is seeking counsel for a potential lawsuit.
El Houssein Barhoum, father of 16-year-old Salah Barhoum, says the possible lawsuit would seek compensation for the emotional stress and upheaval his family and his son have faced since the erroneous story was printed, reports The Washington Post.
Whether or not the Barhoum family decides to sue, it may be tricky to sue a newspaper.
A defamation suit broadly covers any damage to a person's reputation caused by a statement made by another person.
In order to sue the New York Post for libel, Barhoum or any other potential plaintiff generally need to show that:
The New York Post may be able to escape a suit for defamation if the paper's lawyers can successfully argue one of the following:
Statute of Limitations
Whatever a potential lawsuit might bring, Barhoum would need to bring his New York Post lawsuit within one year of his injury if he files in New York, and within three years if he sues in Massachusetts. That's an issue Barhoum and his personal injury lawyer will have to discuss.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.