Legal Question in Civil Litigation in New York
Slander vs responsibility
I am president of a corporation that oversees the use of a NYC Dog Park.
Here is the problem. We have a dog that has attacked 20+ dogs in our run, 13 of these attacks I have been witness to. The only way to take action against this dog is to receive a formal complaint from one of the owners of the attacked dogs to ask for a hearing. Since that has not happened yet I have warned new owners that this particular dog is in fact unpredictably
dangerous. I have on several occasions tried to handle this matter unofficially with the owners to no avail. The owners is now threatening to
sue me as well as the board for liable and slander since in some cases the actual name of their dog has been said in my orientation process of new members. This is ridiculous and I feel that our corporation is at risk of a suit if we in fact have knowledge of an aggressive dog and do not warn new members and a dog is killed. Do these people have a leg to stand on? Should
I be worried? Would a judge laugh this out of court? Can there be slander against a DOG? This is actually happening! HELP
1 Answer from Attorneys
Re: Slander vs responsibility
It is not the dog who is barking these words. It is you. But not to worry. Truth is a defense, and almost a complete one. Yeah, anyone can sue you for any reason.....but a good lawyer can make them go away with counterclaims and orders from the other party. I would worry more about NOT disclosing it than Disclosing It.