Can I be sued for comments made about a resident's referral?

Full question:

Hi, I am an apartment manager. I had a perspective resident referred by a very undesirable resident. This prospect kept talking very badly about the undesired resident. He also lied about many other things. I took his deposit and when his credentials came back. He is not only a felon several times, but has outstanding warrants. I have reason to believe that he may have recorded the conversation we had, which I mentioned that yes, I knew his referral and may have mentioned one or two things about she just needed help. Can I get sued for this?

  • Category: Civil Actions
  • Subcategory: Defamation
  • Date:
  • State: Georgia

Answer:

Even if a defamation lawsuit were filed, a conversation recorded without your consent would likely not be admissible in court. Defamation involves communication that harms someone's reputation, causing shame, ridicule, or contempt. To prove defamation, the plaintiff must show:

  1. A false statement was made about their reputation, honesty, or integrity.
  2. The statement was published to a third party.
  3. The plaintiff suffered damages due to the statement.

Slander refers to false oral statements that damage someone's reputation, while libel refers to false written statements. Some statements are absolutely privileged, meaning they can be made without risk of a defamation lawsuit. For example, statements made in court generally do not lead to liability for slander. Additionally, information released by police is often considered privileged and not subject to defamation claims. To prove defamation, it must be shown that the speaker did not believe in the truth of the statement or failed to investigate its accuracy.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Defamation is a legal term that refers to a false statement made about someone that harms their reputation. It can be categorized into slander, which involves spoken statements, and libel, which involves written statements. To prove defamation, the person making the claim must show that the statement was false, published to a third party, and caused them harm.