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Hi, I emailed a couple of dog breeders about this particular breed line as we have had 3 dogs from the same breed line with the same problem. I was not accusing them of anything but now the big top breeder bloke has found out and wants to try to sue me for defammation of character because I asked the question of the breeders have they had any problems with their dogs etc. Can he sue me over this?
This is more of a legal question than a question about dogs, but, since you posted it in the dog forum, I have to ask. What did you say about the breeder? Did you make accusations that weren't true?Quote:
Hi, I emailed a couple of dog breeders about this particular breed line as we have had 3 dogs from the same breed line with the same problem. I was not accusing them of anything but now the big top breeder bloke has found out and wants to try to sue me for defammation of character because I asked the question of the breeders have they had any problems with their dogs etc. Can he sue me over this?
Fact is, anyone can sue, so, can he sue you? Yes. Will he win? That depends.
In order for him to win a suit for defamation he has to prove that you were making claims that weren't true, and he has to prove that those claims cost him money. If you spoke the truth, and you can prove that you spoke the truth, than he can't win. If however you posted something like "This breeder doesn't test his dogs, he breeds poor quality puppies", and you can't prove that this is true, and this statement has cost him money, than not only can he sue, but he can win.
HI, thanks for your reply, this was the email I sent to the breeder, and the breeder must have forwarded on to the head of the association as he is the one stating he will sue me for deformation of character:
My family have just lost their beloved dog and are possibly looking for another puppy. Our family has always had... (breed), 3 in total, over the past 20 years all at separate times. Unfortunately they all came to the same fate being liver cancer at young ages and the vet seemed to think it could be in the breed line. I wanted to ask you before we go any further if any of your bitc*hes or males have the... (breed line) or... breed line in them and if so have you had any problems with any of your dogs, do you keep in touch with people that buy your puppies at all till their at an old age? You can understand our concern as all 3 of ours dogs were... (breed line) and it was unusual that they all had the same condition. Also if you could let me know where abouts in NSW you are located and if your due for any litters of yellow pups anytime soon I would really appreciate it.
Anyone can sue but this does not seem to be a case of defamation.
It does sound like your saying that there's a problem with their dogs, with their screening. You don't go as far as saying "This is your fault", but it is implied. Here's the problem, if someone reads this, someone that was thinking about adopting a dog from this breeder, and that person than decides not to go with that breeder because of what you wrote, then you are responsible, based on what you wrote, for loss of income for the breeder.
The thing is, he has to prove that what you said is defamatory. In other words, he has to prove that what you implied, isn't true. If he can prove that your post isn't true, and can prove that your post cost him business, than yes, he has a case. But he'd have to spend the money to prove that you're not speaking the truth, and he'd have to prove that it was your post that cost him money. If he can't do that, than he has no case.
It really wouldn't be worth his time or money to sue, unless he had a slam dunk case, and even though your post does imply that his breed line could be responsible for the cancer, you don't come right out and say "you're the reason they died".
Edit. If this was only emailed to the breeder, and not posted online, with his name, the kennel name, or any other info that would lead to him, than he definitely has no case. He can't sue you for sending an email questioning if something is wrong with his breed line. You didn't make that info public, not even when you posted it here, since we have no idea who you're talking about, which would mean that the breeder will not lose business based on your post.
oh thank you so much for the reply. You have put my mind at ease. Yes I don't think it's a black and white case as there are to many variables with what I wrote. LIke you said I didn't come right out and say it. I also offered to write a retraction to what I wrote as I could have worded it differently so I am waiting to see if he would be happy with that.
A retraction to what, a private email? That makes no sense. Like I said, if this was an email than it was a personal message from you to him. If he then sent the email to someone else, that's on him, not you.Quote:
Originally Posted by JackyBilly
Was this an email or did you post this on a public site somewhere that could be linked to him?
Do not offer to write a retraction, that implies that you said something you shouldn't have, it implies guilt. If what you wrote is exactly what you posted here, and it was sent through email only to him, than a retraction isn't necessary.
Either way, even if you posted this on a public site and the post could be linked to his business, he'd still have to prove that what you said was a lie, and he'd have to prove that that lie cost him business. It's not that easy to do, and it would cost him far more than it's worth.
It's sad that every time someone calls someone an idiot nowadays, the person thinks they can sue for defamation. It's really not that simple to sue for defamation, there's more to it than just hurt feelings, you have to show damages, and calling someone a name, or stating something they may not like, doesn't mean they're out anything other than wounded pride.
Do keep in mind that I'm not a legal expert, I'm a pet expert. I only answered this post because you posted in the dog forum. I should have automatically asked the mods to move it to the legal forum, but I got busy with something else and forgot.
I will ask the mods to move it now so that you can get advice from the legal experts. But I doubt that they'll tell you anything different than what I said. I could be wrong though, as I am not a legal expert.
Keep checking back to see if you get any more replies.
Hi, I sent about 15 breeders the same email because were looking for a pup. So the retraction would be going to them. It was one of the breeders that forwarded my email on to this man that is now trying to sue me. It was not on any public site or forum it was just an enquiry email that I sent individually to each of the breeders. A personal email.
Thanks for the reply though, I do appreciate it and had no idea I was in the wrong section as this is my first time :)
Quote:
Originally Posted by Alty
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