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Posted: 5/24/2005 12:54:43 PM EDT
If a user of a public forum uses it to post a warning about the potential pit falls of doing business with a certain place of business can that individual be sued for slander?

I am a member of a fishing web site and a guy is getting the massive run around from a dealership that will not properly fix fix engine which is clearly under warranty and he purchased it from them. I told him to post their name on the web site and he might get their attention.. He said he is afraid to because they will sue him....What say y'all?
Link Posted: 5/24/2005 12:56:05 PM EDT
ain't happening, you have the right to express your opnion unless you really go out of your way to screw him.
Link Posted: 5/24/2005 12:58:27 PM EDT

Originally Posted By Illinigunner21:
ain't happening, you have the right to express your opnion unless you really go out of your way to screw him.



Actually, he should stick to the facts rather than opinion. Truth is a defense to a defamation suit. If you merely post a factually true account of what happened then you can't be successfully sued for slander. (Note that I didn't say you couldn't be sued, only that you can't be successfully sued).
Link Posted: 5/24/2005 12:58:57 PM EDT
[Last Edit: 5/24/2005 12:59:33 PM EDT by mr_camera_man]
My semester of mass communications law has taught me that it ain't slander if it's true. It's perfectly OK to say "I've left 10 messages for Bill's Boats about my engine, and they haven't called back." It's NOT ok to say "Bill sold my engine to the Colombians for cocaine" when that's not what happened. "Bill's a dickhead" is a little bit of a gray area.

Your friend should avoid name calling, and stick to the facts... then he'll be fine.
Link Posted: 5/24/2005 12:59:16 PM EDT
not is what is posted is true..
Link Posted: 5/24/2005 12:59:52 PM EDT
[Last Edit: 5/24/2005 1:00:19 PM EDT by ElCamino]
Slander and libel generally require a few elements. The accusation/statement has to be untrue and the accuser believes it to be untrue, but publishes it anyway. Also, the statement has to be made clearly in an attempt to defame or otherwise maliciously harm someone.

Posting about a bad experience with a company will never be slander, ever.

IANAL (obviously)
Link Posted: 5/24/2005 1:01:47 PM EDT
Link Posted: 5/24/2005 1:05:59 PM EDT
You guys are friggin awesome. Thanks!!!

i will pass it on and he decides from there. ....

By the way - I would do my homework before I did business with Chatlee Marine, South of Raleigh, NC. <---- That's cool right?





Link Posted: 5/24/2005 1:13:18 PM EDT
You guys should read about the guy in some pet forum that spent more time suing people for negative accounts of his business then he did getting orders filled. I can't think of the name off-hand. He just grinds them down until they settle. You don't have to be right, you just have to use one settlement to fund the grinding of another. Try dealing with court case after case and see how long before you cave too.
Link Posted: 5/24/2005 1:27:24 PM EDT

Originally Posted By SamColt:
If a user of a public forum uses it to post a warning about the potential pit falls of doing business with a certain place of business can that individual be sued for slander?

I am a member of a fishing web site and a guy is getting the massive run around from a dealership that will not properly fix fix engine which is clearly under warranty and he purchased it from them. I told him to post their name on the web site and he might get their attention.. He said he is afraid to because they will sue him....What say y'all?



First, what state does your buddy live in, and what state is the boat dealer in?

Second, everyone who gave advise on this thread, let's hear which states you're licensed to practice law? I'll go first: Missouri and Arkansas.

R.
Link Posted: 5/24/2005 1:34:29 PM EDT
[Last Edit: 5/24/2005 1:34:58 PM EDT by ElCamino]

Originally Posted By freemanesq:

Originally Posted By SamColt:
If a user of a public forum uses it to post a warning about the potential pit falls of doing business with a certain place of business can that individual be sued for slander?

I am a member of a fishing web site and a guy is getting the massive run around from a dealership that will not properly fix fix engine which is clearly under warranty and he purchased it from them. I told him to post their name on the web site and he might get their attention.. He said he is afraid to because they will sue him....What say y'all?



First, what state does your buddy live in, and what state is the boat dealer in?

Second, everyone who gave advise on this thread, let's hear which states you're licensed to practice law? I'll go first: Missouri and Arkansas.

R.



If posting a legitimate negative review of a business is illegal or actionable, then we're all screwed.
Link Posted: 5/24/2005 1:37:38 PM EDT
Pets Warehouse that's the name. Robert Novack. It's my understanding that without much merrit to his claim he was able to force several people into settlements. I'm not saying you will or won't be sued, just don't think being right keeps it from happening.
Link Posted: 5/24/2005 1:52:43 PM EDT
[Last Edit: 5/24/2005 1:53:36 PM EDT by SamColt]
NC,NC

Forgot to add the quote - my buddy lives in NC and the dealrship is in NC
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