Possible Defamation

SimonTemplar

I was reading an article in The Irish Times about a women who sued a supermarket for defamation after the cashier allegedly called her a lair.

It got me thinking of an incident that occurred to me about 10 years ago. I never pursued legal action, and it never even occurred to me to do so at the time, but I'd be interested in people's opinion if I had a basis for a valid defamation claim at the time.

I purchased a pre-packaged sandwich that was made by a particular cafe before boarding a bus for an intercity trip. After a few bites of the sandwich on the bus, I noticed a big disguising black hair had essentially wrapped around my tongue. It was absolutely revolting (and to this day I'm still wary of pre-packed sandwiches because of it).

The next day I returned to the cafe to complain. I went to the counter and asked for the manager, but the cashier said he was away. I said I wanted to make a complaint, gave him my number, and asked for the manager to ring me. A few days later I still didn't get a call, so I went back to the cafe and spoke to a different cashier. I told her I was there a few days previous about a complaint but heard nothing back from the manager. She went back into the office for a few moments and then came back out saying that they didn't take my complaint seriously because I was drunk at the time.

This really stunned me because I am a teetotaler and absolutely nothing about my behavior would suggest I was under the influence of anything. Anyway, I eventually got through to the manager on the phone, and gave him hell about the drunk comment, even more so than the hair. He was begrudgingly apologetic and eventually admitted his staff made a mistake. I was so annoyed by that comment and his attitude, I got the place investigated by the Food Standards Authority due to the hair.

So, if I thought of legal action at the time, do you think I would have had a valid defamation of character case given that the drunk comment was said to me at the till of a busy cafe in full earshot of people in the queue and others in the cafe. I would have had plenty of friends/family to testify that I don't drink at all and I'm sure the CCTV would have shown perfectly normal behavior on my part.

Thanks in advance for your opinions.

MarkAnthony

Yep

Edit: Although it would have been slander at the time...

groovyg

If it happened 10 years ago I don't think you can pursue it now.
Are you referring to this case http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/woman-loses-case-after-claim-lidl-cashier-called-her-a-liar-1.2679986

SimonTemplar

groovyg wrote: »

If it happened 10 years ago I don't think you can pursue it now.
Are you referring to this case http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/woman-loses-case-after-claim-lidl-cashier-called-her-a-liar-1.2679986

Yes, that's it.
I don't want to pursue it now, just curious.

Fred Swanson

This post has been deleted.

blueythebear

SimonTemplar wrote: »

I was reading an article in The Irish Times about a women who sued a supermarket for defamation after the cashier allegedly called her a lair.

It got me thinking of an incident that occurred to me about 10 years ago. I never pursued legal action, and it never even occurred to me to do so at the time, but I'd be interested in people's opinion if I had a basis for a valid defamation claim at the time.

I purchased a pre-packaged sandwich that was made by a particular cafe before boarding a bus for an intercity trip. After a few bites of the sandwich on the bus, I noticed a big disguising black hair had essentially wrapped around my tongue. It was absolutely revolting (and to this day I'm still wary of pre-packed sandwiches because of it).

The next day I returned to the cafe to complain. I went to the counter and asked for the manager, but the cashier said he was away. I said I wanted to make a complaint, gave him my number, and asked for the manager to ring me. A few days later I still didn't get a call, so I went back to the cafe and spoke to a different cashier. I told her I was there a few days previous about a complaint but heard nothing back from the manager. She went back into the office for a few moments and then came back out saying that they didn't take my complaint seriously because I was drunk at the time.

This really stunned me because I am a teetotaler and absolutely nothing about my behavior would suggest I was under the influence of anything. Anyway, I eventually got through to the manager on the phone, and gave him hell about the drunk comment, even more so than the hair. He was begrudgingly apologetic and eventually admitted his staff made a mistake. I was so annoyed by that comment and his attitude, I got the place investigated by the Food Standards Authority due to the hair.

So, if I thought of legal action at the time, do you think I would have had a valid defamation of character case given that the drunk comment was said to me at the till of a busy cafe in full earshot of people in the queue and others in the cafe. I would have had plenty of friends/family to testify that I don't drink at all and I'm sure the CCTV would have shown perfectly normal behavior on my part.

Thanks in advance for your opinions.

Would love to know where the defamation is. No proof whatsoever of publication other than to say a cashier said directly to the aggrieved party that he was drunk at the time.

Also, saying he's drunk when he's not? Is referring to someone as drunk defamatory per se? Maybe there's an implication but it is not an open and shut case at all.

Putting aside all of the Statute of Limitations issues. of course...

Fred Swanson

This post has been deleted.

Canadel

blueythebear wrote: »

Would love to know where the defamation is. No proof whatsoever of publication other than to say a cashier said directly to the aggrieved party that he was drunk at the time.

Also, saying he's drunk when he's not? Is referring to someone as drunk defamatory per se? Maybe there's an implication but it is not an open and shut case at all.

Putting aside all of the Statute of Limitations issues. of course...

The general trend here seems to be: insurance claims bad, defamation claims good. But ridiculous defamation claims like in the Op are as bad and as constructed as rubbish insurance claims.

The cashier said it directly to the Op who had an opportunity there and then to refute the assertion that they were drunk. That should really have been enough. It seems that the Op was more angry at the poor quality of customer service and lack of seriousness with which their complaint was treated rather than this being a serious case of defamation.

ohnonotgmail

Canadel wrote: »

The general trend here seems to be: insurance claims bad, defamation claims good. But ridiculous defamation claims like in the Op are as bad and as constructed as rubbish insurance claims.

The cashier said it directly to the Op who had an opportunity there and then to refute the assertion that they were drunk. That should really have been enough. It seems that the Op was more angry at the poor quality of customer service and lack of seriousness with which their complaint was treated rather than this being a serious case of defamation.

you need to read the OP again. the cashier said it to the manager who repeated it back to the OP. hence the defamation

Fred Swanson

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seagull

ohnonotgmail wrote: »

you need to read the OP again. the cashier said it to the manager who repeated it back to the OP. hence the defamation

At the very least, it's one step more than that. Cashier 1 said it to manager who said it to cashier 2.

ohnonotgmail

seagull wrote: »

At the very least, it's one step more than that. Cashier 1 said it to manager who said it to cashier 2.

it is either defamation or it isnt. It doesnt matter how many people were told.

Pro Hoc Vice

ohnonotgmail wrote: »

it is either defamation or it isnt. It doesnt matter how many people were told.

There has to be publication to a third party. If no one heard the statement then not actionable defamation.

ohnonotgmail

Pro Hoc Vice wrote: »

There has to be publication to a third party. If no one heard the statement then not actionable defamation.

the cashier said it a manager who said it to another cashier who said it to the op. how is that not sufficient?

Pro Hoc Vice

ohnonotgmail wrote: »

the cashier said it a manager who said it to another cashier who said it to the op. how is that not sufficient?

The defamation claim would be against the company as all o the people work for the company how can publication to itself be to a third party.

Even if it was classed as publication the defence of qualified privilege would apply.