A vendor did some work in my property. the work was not finished 100% . After 3 month I decided to write a review online. the vendor called me to complaint anout the review. Then with out my authorization he decided to complete the job. Now he wants me to remove the review or he will sue me for defamation
Truth is a defense here. As long as what you're saying is the truth then you should be fine. This is really a cost benefit analysis for you. Do you think he will really sue? if so, is it worth going thru this?
Since at the time the comments were posted the statements were true you are not liable for the original posting so you can update it to state what you stated here that he finally did finish the project after you posted the comment.
If the vendor does sue you, the truth of your review is an affirmative defense as long as you did not go so far as to make false or defamatory statements. However, you still might bear some costs if he does sue you.
I liked attorney Andra Vaccaro's suggestion that you update the review saying he finished the work after you wrote the review. Again, just be truthful and do not cross the line into slander.
This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.
A defamation claim could be filed. Whether he will win, will depend on various factors. Did the review contain any factual misstatements? Was it merely your opinion or hyperbole? Are the statements protected by any privilege? An attorney can evaluate the review and give you advice on the potential success of any defamation claim. Note, Florida has an Anti-SLAPP statute which may apply, (s. 768.295) and which could give you a way to quickly shut down a lawsuit that is designed to punish you for expressing your First Amendment rights.
Disclaimer: The foregoing does not constitute legal advice or form an attorney/client relationship. Please contact an attorney for formal legal advice on any specific matter.
To answer your question - yes, the vendor can sue you. However, that does not mean that he has a good case or that he will prevail. As previous commenters have stated, if everything you stated was true, then, there is no cause of action for defamation. You'll want an attorney to review your comment to see if the vendor has a viable claim.
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