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RobertJDFL
RobertJDFL, Attorney
Category: Business Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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This is a law question Would this review be considered a

Customer Question

Hi
This is a law question
Would this review be considered a slanderous or defamation considering i was personally attacked besides my business. Here is the online review left for my company
4/28/2016
F. W.
Negative -1 1
Review
Having contracted with this painter to paint my entire house beginning April 4 - 5, 2016, I thought him having a license with the AZ Registrar of Contractors assured me he would do a competent, good job. After he left, I went around the house and double-checked his work and to my horror paint drips were left on my carpeting on both my front and back patios, there is paint residue at the base of my garage door, he did not paint my entire garage door per contract, and most of the cracks he stated he would fill with caulk were left untouched. He only used one coat of paint which left a shadow of the former grey paint, except for the front brick which I instructed him to paint several times. There is still uncovered brick on the side of the entrance. There were so many mistakes and gross incompetence, I filed a complaint with the ROC. AZ law says he can come back within 15 days to inspect and re-do what he should have completed in the first place. I was so threatened by him in 31 emails I did not want him to come back. Then the ROC closed my complaint because I did not allow him back within 15 days to repaint his job. I told Mr. Tellefsen he could keep the $300 he was already paid to cover paint and Discover card refunded my charge of $1185. We settled that the contract was null and void except for the $300 payment. Beware of this man! He does not take pride in his work, he is sloppy, and he basically doesn't care how he paints your house. He even left paint splotches on my sidewalk when he was putting his fabric into his truck. Run away from him
Submitted: 1 month ago.
Category: Business Law
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 month ago.

Thank you for your patience.

In my opinion, no it is not depending on the circumstances. Defamation requires:

1) A false statement made negligently or intentionally by the defendant about the plaintiff

2) To a third party or parties
3) Resulting in damages

Assuming the facts included are true (e.g., there were paint drips, the entire garage door was not painted) that is not defamatory because truth is always a defense.

Opinion is not defamation, but merely saying something is an opinion doesn't make it defamatory. Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("This painter doesn't know what he's doing, I think because he must be a drunk").

So, saying something like "He doesn't take pride in his work", is in my opinion -merely the person's opinion, and would not be considered defamatory.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!

Expert:  RobertJDFL replied 1 month ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLYand I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page. Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you.