Legal Question in Business Law in Nevada
Is it legal to tell the truth about a company, even if the said company might be financially hurt?
I know it is morally right but how about legal? Ex. the "sandwich shop" (insert location) uses meat that fell on the floor.
1 Answer from Attorneys
To whom are you planning to tell these things? If you are making a comment at an online consumer evaluation site, those are done anonymously all the time. Many times they are completely made up and some customers just want to stir things up after being treated badly or coming away dissatisfied with the service they receive. If you are intending to turn the shop into the health inspector or otherwise initiate an investigation into their business practices, it may be another matter. One must be concerned about committing the tort of defamation and, more specifically, business slander or libel. The truth is an absolute defense if the owner of the shop were to come after you, but you might have great difficulty proving that you have factual basis for your claims. You could well be sued and found liable by a judge for defaming the business without a meritorious claim.
Just be very careful any time you say damaging things about another person or his/her business. While you may feel morally obligated to report to the public something you witnessed that was unhealthful or disgusting, remain mindful that you can be sued for hurting a business' reputation without factual backup to defend yourself.
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