Builder Making Slanderous Statement regarding Apartment Owner - Advice Needed

SimonK99

Hi All,

I would be grateful for advice on the following situation. Shortly after moving into a new apartment complex, I had a leak in my bathroom which caused water stains in my apartment and also in a neighbour’s.

I just found out that the builder attributed the leak to the person (ie me) on the top floor falling asleep while the bath was running. This is completely false.

I now want a written explanation from the builder in relation to what he has said about me to two of my neigbours. However, I am concerned writing the above on record if I could be accused of defamation/slander myself; if I insert a clause such as “if it is true that you attributed the leak to me falling asleep” will it be ok to put it in writing?

I would be grateful for any advice at all including other ways to deal with the builder making slanderous statements about me. I would not even have known what he was saying about me unless the neighbours had told me.

Bepolite

Speak to a solicitor. Although why you're getting your knickers in a twist over a leak is a matter for you.

FreudianSlippers

Obviously, barring the obvious that slander is no longer a tort, how could writing to the builder be defamation? Unless I'm missing something, you want to write to the builder and claim that he defamed you by saying you fell asleep in the bath?

Bepolite

FreudianSlippers wrote: »

Obviously, barring the obvious that slander is no longer a tort, how could writing to the builder be defamation? Unless I'm missing something, you want to write to the builder and claim that he defamed you by saying you fell asleep in the bath?

And that the letter would be libel. :pac:

The OP might be on to something here. Every defamation action could have a counter suit on the basis that if the plaintiff lost they would have defamed the defendant. :eek:

FreudianSlippers

I tend to think I'm a fairly reasonable member of society and if OP did, as alleged, fall asleep in the bath, it certainly wouldn't injure his/her reputation in my eyes. Sounds bloody relaxing to me.

GerardKeating

Bepolite wrote: »

And that the letter would be libel. :pac:

The OP might be on to something here. Every defamation action could have a counter suit on the basis that if the plaintiff lost they would have defamed the defendant. :eek:

I thought a private communication could not be defamation, since there is no third party to hear/read the comments?

Carawaystick

GerardKeating wrote: »

I thought a private communication could not be defamation, since there is no third party to hear/read the comments?

The English and welsh courts ( probably high court, maybe higher again) last year deemed a communication between person A and person B as a publication.

Dunno how/if it'd apply here.

FreudianSlippers

Carawaystick wrote: »

The English and welsh courts ( probably high court, maybe higher again) last year deemed a communication between person A and person B as a publication.

Dunno how/if it'd apply here.

We were discussing this about 2 weeks ago in another thread. It's almost certainly publication, it's just not "defamatory publication" as it has to be about a third party. So person A saying something to person B, about person B cannot be defamation. Person A saying something to person C, about person B could be.

Pat Mustard

Carawaystick wrote: »

The English and welsh courts ( probably high court, maybe higher again) last year deemed a communication between person A and person B as a publication.

Was that where an email was intercepted and therefore there was publication to the person who intercepted it?

If not, do you have a link to the case?

Nemanrio

Bepolite wrote: »

Speak to a solicitor. Although why you're getting your knickers in a twist over a leak is a matter for you.

This.

Victor

FreudianSlippers wrote: »

I tend to think I'm a fairly reasonable member of society and if OP did, as alleged, fall asleep in the bath, it certainly wouldn't injure his/her reputation in my eyes. Sounds bloody relaxing to me.

Ah, but falling asleep with the taps running and damaging the neighbours property could easily make people think of the bather in a lesser light.

FreudianSlippers

Victor wrote: »

Ah, but falling asleep with the taps running and damaging the neighbours property could easily make people think of the bather in a lesser light.

You'd want to be in a coma for that to happen surely!?