Legal Question in Civil Litigation in California
Would calling a body shop "criminals" to the dealership that refers ppl to them be construed as defamation?
I work in the insurance industry and I went to get my car serviced at a dealership that happens to refer their customers to a body shop that charges exorbitant prices. I slipped and called the body shop "criminals" for constantly having high repair costs to insurance companies. Could this be construed as defamation?
2 Answers from Attorneys
Probably yes, but it is not actionable unless it causes them damages.
Technically yes because you are accusing them of a criminal act and that is slander (the spoken word as opposed to liable the written word) However you may argue that truth is a defense! With slander per se you do not need actual damages. However as Tim says what are their damages. Also if it was just your opinion then you would be somewhat protected.
So don't write it down anywhere and don't go telling the world.
Good luck and hope that helps.
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