can we sue the newspaper for the photo they posted of my sister car accident she was killed in it

UPDATED: Feb 13, 2019

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can we sue the newspaper for the photo they posted of my sister car accident she was killed in it

The news paper posted a picture of my sister still trapped in the car she was in .she’s got killed in the car accident and her body is still in the car

Asked on February 13, 2019 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can't, unfortunately. This was news and it was evidently true--you don't allege or state that they made some false representations or statements about this. Those factors mean they were allowed to do this, no matter the hurt it may have inflicted on your family. Since they could legally take and publish the photograph, you can't sue them. As a general matter, true photos may be taken and published by most people in most circumstances, even if the photograph's subject or her family object.
Please accept our sympathy for your family's loss.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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