Slander Impacting My Business - Help With Info Please!

[sda67]

What is the name of your state? California

I represent artists. Recently the employee of an art gallery a client is showing with slandered me to that client. She told him that I had said something threatening and unprofessional to her. I honestly don't know if the act was malicious or not (she seemed perfectly fine when I met her - and seems to really believe I said something inappropriate - so maybe it was a misunderstanding) but her statement was completely untrue and extremely damaging.

I am attempting to smooth this over on my own. But the statement has since been repeated and is threatening the reputation I've built my business on, and my relationships with the client involved & the gallery she works for (and possibly other current or potential clients).

My hope is she will retract the statement and admit that she made it up (or that there was a misunderstanding) but if that doesn't happen and I lose this client as a result, and my reputation is damaged irreparably, the financial losses could be huge for me. (I'm a small business owner).

So my questions are: If I am unable to resolve the situation and incur loss of earnings as a result, is this a defemation/slander case? If so, as an employee of the gallery, would the gallery be named in a case also - or just her personally? And would I have any chance of winning a case when it'll just be her word against mine - although my client can confirm what she said I have no way to prove I didn't say it!

Thanks very much for any information about this. More than anything, this is about the principal and I do hope to resolve it but I'm nervous I won't be able to.

 

[divgradcurl]

If I am unable to resolve the situation and incur loss of earnings as a result, is this a defemation/slander case?

Maybe. If you can show that the loss of earnings are directly attributable to the allegedly defamatory statements, AND the alleged defamer has no defenses -- i.e., if you really said what the person thinks you said.

If so, as an employee of the gallery, would the gallery be named in a case also - or just her personally?

Well, if it came down to a lawsuit, you would certainly name the employer in the lawsuit as a codefendant -- but whether or not the employer would be liable would be based on a number of factors, including whether or not the employee was acting within the scope of his or her employment.

And would I have any chance of winning a case when it'll just be her word against mine - although my client can confirm what she said I have no way to prove I didn't say it!

It'll come down to what the judge (or jury) believes -- nobody can predict what will happen in court if it comes to that. But remember, as the plaintiff, you have the burden of proving each and every element of defamation, and if the defendant has a defense that he or she is able to prove up, of rebutting the defense. So, if it really does come down to a simply he said - she said type of thing, where each side is equally believable, then the party with the burden of proof will lose.

But the court will take into account more than just the statements -- they'll take into account the credibility of the parties and witnesses, and physical evidence, etc. So the real answer is, "who knows?"

More than anything, this is about the principal

Be careful with "principal" -- unless you've got real damages, and the defendant who is liable has money or resources to pay those damages, fighting for your "principals" can get mighty expensive in a hurry...

 

[sda67]

thank you so much for the information. I really appreciate it!