Slander?

[quincy]

The fact still remains that his dead tree..that is still there,damaged my property.The car isn't anything spectacular but it is still worth something.How is it that me getting upset with him in my driveway be used against me?No one was there but him and I.Coming over weeks later with a paper saying he will sue me because I threatened with bad words doesn't take away the fact something happened.How can I lose this case for something I haven't even done yet?

Take pictures of the tree. If you have old photos of the tree showing it was obviously dead or diseased, make copies of those. You can get a tree professional out to assess the condition of the tree and have him write out his assessment. And you can get a second and third repair estimate.

Sue the neighbor.

Or you can sign the nondisparagement agreement, collect $400, and advise the neighbor that he needs to remove the tree before it does more damage.

Good luck.

 

[justalayman]

Take pictures of the tree. If you have old photos of the tree showing it was obviously dead or diseased, make copies of those. You can get a tree professional out to assess the condition of the tree and have him write out his assessment. And you can get a second and third repair estimate.

Sue the neighbor.

Or you can sign the nondisparagement agreement, collect $400, and advise the neighbor that he needs to remove the tree before it does more damage.

Good luck.

The landlord appears to be offering only $200. The op is willing to accept $400.

Anyway, the bottom line advice is correct.

To win you have to prove the landlord was negligent in not removing a known danger such as a dead tree. That means you have to prove he has knowledge of the dead tree or it is reasonable to presume he knew of the danger. As an example, If he is blind so he couldn’t see the tree and you have no proof he was told of the problem, you would lose.

So, gather your evicidence, including proof of the fair market value of your car immediately prior to the incident, and to file a small claims suit. Given the cost to repair exceeds the value of the car, your award will be limited to the fair market value of your car.

 

[quincy]

i had my car smashed by a neighbors tree.The tree was dead for years.I asked the neighbor to help me.He said $200 or nothing because it was an old car.I wasn't pleased with that price.He **** me out and refused to talk to me or my wife.He continue to ignore me while he worked on his tenants walkway.I got upset and told him that he is a cheat and crook and I could post a review to the BBB stating that he is a slumlord.2 weeks go by from tha incident.He comes to my door saying he will pay me $400 for my car if I sign a document stating that if I go public with any bad things about him he will sue me for $500 for each infraction....is this legal of him?I have over $2000 grand in damages from this

The neighbor offered $400 in exchange for a signature on a nondisparagement agreement.

 

[jimnyc]

I got upset and told him that he is a cheat and crook and I could post a review to the BBB stating that he is a slumlord.

And you're prepared to prove in a court of law, to the satisfaction of a court, that he is a slumlord?

You do if you're defending yourself in a slander case because you said he was a slumlord.

I haven't written anything about him or dispareged his name publicly.I got upset from his non caring attitude about his dead tree bashing my house and ruining my vehicle.I called him a slumlord while standing in my driveway on a Saturday afternoon.How can he use that against me in a court of law when his negligence cause my property to be damaged?!

She was speaking of your initial comments, which were that you told him you could post that he is a slumlord as a review online. THAT is where you could find yourself on the receiving end of a slander lawsuit.

 

[quincy]

JohnLittle might benefit from reading the entire thread again. The advice is probably not going to change.

 

[justalayman]

The neighbor offered $400 in exchange for a signature on a nondisparagement agreement.

Post 30

The $2000 comes from an estimate at a body shop to repair.Ive never asked for that much.I asked for $400.He wants to give $200 or nothing...his words.He doesn't want to get his insurance involved.Glass for the window alone cost $160,not considering installation.Its not a trivial matter.His negligence and non caring attitude toward my property is not a trivial matter.

 

[quincy]

Post 30

The story has changed a bit but I believe the only thing holding up an agreement of $400 is the nondisparagement agreement.

John apparently does not want to sign - although he has nothing to fear from signing if he does not disparage his neighbor (and he would be smart not to do that anyway).

 

[eerelations]

The story has changed a bit but I believe the only thing holding up an agreement of $400 is the nondisparagement agreement.

John apparently does not want to sign - although he has nothing to fear from signing if he does not disparage his neighbor (and he would be smart not to do that anyway).

John is apparently convinced that his neighbor will sue him whether or not John disparages him in the future.

 

[JohnLittle]

Thank you all for the advice.Im going to proceed with taking him to court.I have had advise from a local lawyer and he says I have a very solid case.Lawyer states that by him bringing a letter over to sign is a case of guilt on his part into itself.How can you sue me for something that hasn't even happened?He would have to prove that my future comments,if any,has damaged his reputation.There is no evidence that I have or will say anything negative about him.Good luck on his part proving something that hasn't even happened.Also,the fact he has had an additional law suit he fought and lost oner trees cannot help his case.He could possibly be in far deeper than just paying what I thought was fair.$400,shake hands and be done.Now he runs the risk of paying a lot more.Wages lost by gong to court,court fees,labour and parts..etc

 

[quincy]

Thank you all for the advice.Im going to proceed with taking him to court.I have had advise from a local lawyer and he says I have a very solid case.Lawyer states that by him bringing a letter over to sign is a case of guilt on his part into itself.How can you sue me for something that hasn't even happened?He would have to prove that my future comments,if any,has damaged his reputation.There is no evidence that I have or will say anything negative about him.Good luck on his part proving something that hasn't even happened.Also,the fact he has had an additional law suit he fought and lost oner trees cannot help his case.He could possibly be in far deeper than just paying what I thought was fair.$400,shake hands and be done.Now he runs the risk of paying a lot more.Wages lost by gong to court,court fees,labour and parts..etc

First on the nondisparagement agreements: Courts will enforce them (depending on how they are written) but the agreement is not breached unless and until there is published disparagement. The purpose of these agreements is to avoid a defamation lawsuit, which is more costly and time consuming. The agreements do not PREVENT speech or defamatory speech. Even with no agreement, there is legal recourse for defamatory speech.

I think your lawyer is being overly optimistic (wrong) if he says you can collect lost wages for going to court. And you will not collect on more than what your car is worth.

But, sure. You can sue him. You still need to avoid disparaging him lest you become the defendant in a suit filed against you over the words you publish.

Good luck.

 

[justalayman]

Thank you all for the advice.Im going to proceed with taking him to court.I have had advise from a local lawyer and he says I have a very solid case.Lawyer states that by him bringing a letter over to sign is a case of guilt on his part into itself.How can you sue me for something that hasn't even happened?He would have to prove that my future comments,if any,has damaged his reputation.There is no evidence that I have or will say anything negative about him.Good luck on his part proving something that hasn't even happened.Also,the fact he has had an additional law suit he fought and lost oner trees cannot help his case.He could possibly be in far deeper than just paying what I thought was fair.$400,shake hands and be done.Now he runs the risk of paying a lot more.Wages lost by gong to court,court fees,labour and parts..etc

He will owe actual damages up to the value of the car and depending on what court is utilized, court fees.

You dont get lost wages for the time you go to court.

Labor and parts fall under the actual damages.

The issue with the other suit is irrelevent and not admissible in court.


Your lawyer is wrong that the guy bringing something for you to sign has any value in your case: it doesn’t.

 

[quincy]

... Your lawyer is wrong ...

The attorney either didn't understand what John was asking or he is probably not a lawyer worth hiring.

The letter was nothing more than an attempt by the neighbor to settle the dispute. Settlement figures mean nothing if the parties don't agree to them.

 

[cbg]

I don't think John understands that there are two separate issues; he does not get to slander the neighbor as long as he can prove that the neighbor's tree damaged his car.

 

[quincy]

I don't think John understands that there are two separate issues; he does not get to slander the neighbor as long as he can prove that the neighbor's tree damaged his car.

Yes. There seems to be some confusion.

John should say nothing defamatory about the neighbor whether or not he signs anything to settle the dispute or wins a judgment.

The nondisparagement agreement essentially takes the place of a defamation suit. It could still result in them both in court but, if the nondisparagement agreement can be enforced, it might limit the damages awarded. With a defamation suit, the damages would not be so clearly defined, with an award that could be in the thousands rather than hundreds.

That said, John might be awarded more in damages than the $400 if he heads to court. That leaves him, however, with the task of collecting on the judgment.

Although I am not especially fond of nondisparagement clauses, they are becoming standard in settlement agreements.

 

[JohnLittle]

I don't think John understands that there are two separate issues; he does not get to slander the neighbor as long as he can prove that the neighbor's tree damaged his car.

I should not of ran my mouth so much to him that day,but his flippant attitude a blatant disregard for my predicament got the better of me.How can he use that against me in court as he claims?The crux of the problem is that he doesn't get to determine what my vehicle cost.He is not an estimator or accessor.I gave him documents and estimates to prove to him I'm doing research.He refused to care.His tenants are his family and they always have 6 cars oner there so everyone knows the tree has damaged my vehicle and has caused problems for years.At one point last year I tried helping the tenant pull one branch down with a rope.The tree is still there!He can't deny that it's not been a long outstanding issue....