Police Slander

[bamanda]

What is the name of your state (only U.S. law)? New York
I will try to keep this short.
My sisters apartment building, that she owns, caught on fire. It was an attic fire. They went in took pictures and left and she was told it was an electrical fire started in a partition in the attic. They released the property back to my sister.
(Keep in mind my sister has an old criminal background having to do with marijuana, i believe they saw this later after the fire)
5 days after they were first in her house they went back in and told the public adjuster he wasn't allowed in and that if the owner showed up she would be arrested. This time they took more pictures and "samples". The fire investigator then made a statement to a newspaper reporter that the fire was actually a result of a marijuana growing operation (he is quoted making these statements) he said that the fire began because of a marijuana growing lamp.
My sister of course freaked out called the newspaper saying that none of that is true and gave them plenty of compelling reasons for why it couldn't be true.
The next day after she did this the same person made a statement saying his former statements were based on assumption and there is no evidence of a marijuana growing operation.
She now is having a hard time with insurance because of all of this. Her reputation has been damaged. Her building is not being rented because she doesn't have the insurance money to fix it.
We are wondering if she has a case?

 

[quincy]

Does your sister have an actionable case for defamation against the fire investigator? It is entirely possible, based on what you have described here.

I suggest your sister take a copy of the newspaper where the article appears and any other documentation she may have that concerns the fire and any damages that can be demonstrated as a result of the statements published in the newspaper, and sit down with an attorney in her area for a review.

The fire inspector, if his original statements to the newspaper reporter were expressed as conclusions and these conclusions were falsely drawn, could be found liable for defaming your sister. The newspaper, if what was quoted by the reporter was quoted accurately, would probably escape all liability.

Good luck.