Victim of Assault--Libel Issues

[quincy]

I think this forum can be a good source of legal information - but I will not help a student with their homework questions (unless it is to point a student in the right direction) and I generally will not answer hypothetical questions because this site is not designed as a place to have general discussions about the law.

I don’t see the questions asked by Pedas2 as hypotheticals, though. He has real life issues that have legal implications and potential legal solutions.

 

[Pedas2]

I'm astonished that we have now entertained TWO threads based on nothing but hypotheticals from the same OP. (Yes, I'm part of the "we" that I refer to.)

Hypotheticals are routine when discussing legal issues.

 

[Pedas2]

It is hypothetical. The OP is hypothesizing that the neighbor is going to start some sort of email debate.

Neighbor already has started email "wars" and assault incident wasn't hypothetical.

No defamation case is easy to win. Free speech has pretty powerful roots in this country.

But it is costly to be sued and it is costly to defend against a claim of defamation, witnesses or not. In fact, witnesses can add to the cost of a suit because they must be deposed.

They are not small claims actions where you can go into court with little knowledge of the rules of procedure and with little preparation and expect success. These suits almost always require an attorney’s assistance.

I still recommend you say nothing to others about your incident with the neighbor. This was your dispute with the neighbor and your business.

Completely understand the premise of your post. I reported the incident immediately to the HOA property manager, since there is a fine in the HOA's fine policy for harassment of Board members and the matter may be heard in an HOA Board Executive Session for possible fines against the owner.

It also appears that the criminal statute for harassment may be different than how Boards and organizations define the term. If this matter is heard in an HOA executive session, does the aggressor have a case for defamation against the HOA?

 

[quincy]

Neighbor already has started email "wars" and assault incident wasn't hypothetical.



Completely understand the premise of your post. I reported the incident immediately to the HOA property manager, since there is a fine in the HOA's fine policy for harassment of Board members and the matter may be heard in an HOA Board Executive Session for possible fines against the owner.

It also appears that the criminal statute for harassment may be different than how Boards and organizations define the term. If this matter is heard in an HOA executive session, does the aggressor have a case for defamation against the HOA?

Defamation is the communication of false facts. Truth is a defense to claims of defamation. If only provable facts are related, there is no defamation.