One can get sued for anything, it seems. But doesn’t the entity suing need to show actual real legitimate damages, not just hurt feelings?
One can get sued for anything, it seems. But doesn’t the entity suing need to show actual real legitimate damages, not just hurt feelings?But you CAN be sued for libel or slander!
In an court cases for libel or slander, the fundamental legal principle taught to all law students in US is, "Truth is it's own defense!"
One can get sued for anything, it seems. But doesn’t the entity suing need to show actual real legitimate damages, not just hurt feelings?
(I am not an attorney.) the judgement against the defendant accused of libel or slander:
"To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement."A suit can be brought against someone with less, but it is PROOF provided by plaintiff that requires all the above, to get any award. But again, TRUTH is the ultimate defense against any claim of libel or slander, in the US.
Probably a small claims court... no lawyers in many jurisdictions.I don’t know... ideally truth wins but if the other guy has the better lawyer...
But you CAN be sued for libel or slander!
In an court cases for libel or slander, the fundamental legal principle taught to all law students in US is, "Truth is it's own defense!"
I'm curious now because I've been seeing things with my recently processed films and wondering if I did all those things myself with carelessness or if they really came back from the lab that way. Been thinking about starting a thread too, but don't want to name names. The lab in my case is in the NW.
That is why you, being in Montreal, should try to use a Canadian lab.I guess you’re right, but what if it isn’t small claims court? What if the guy sues you for a million dollars? I know, I know... it wouldn’t get that far or would be thrown out etc. I’m paranoid about this sort of thing (along with most other things lol). You get your film back with dirt and scratches, you post a review saying that, next thing you know you’re bankrupt because your review apparently cost the lab multi-millions in potential revenue not to mention pain and suffering and the lab owner lost his marriage over it and had ten million dollars in hospital bills because he fell down when he read the review...
Of course you can, but then, that’s not an opinion is it?
Slander doesn't apply, because that is for spoken words, not published ones.
And the tests are slightly different, so you can have the really fun situation where someone says something in public, someone else publishes what was said, an aggrieved party sues the first for slander and the second for libel, and the defenses presented in court are different!Today I learned!
What have you been seeing and what is the name of the lab?
Like I said, I don't want to name names unless it seems likely other people are having similar problems with the same place in the NW. I can be careless at times so I don't want to rule out that I am the source of some of the problems. But I don't think I would crease a negative without knowing it, especially the best shot on the roll. Other problems are fingerprints (now that I might do...) scratches and one large dark blob that looks like it had to occur in processing.
First thing you've got to do is figure out where the problem lies - you or the lab.
If you are careless enough to not know whether you're fingerprinting your negs, you'd be careless enough to also crease them.
You can say what you want without getting sued. It's free speech. Your opinion isn't subject to lawsuit.
-) bad critique indeed had been subject of law suits
-) it very much depends what legal system applies on postings done on Photrio
-) "say what you want" and "your opinion" already may be very different things, a difference already of legal implication
It's a dilemma...
I sent 14 rolls of film to a lab I have never tried and it came back... filthy.
Processed only and wrapped in clear cellophane strips, it is chock full of dust, dirt and even hairs; cat if I am correct.
While the lab did everything I asked, and more, like returning all spools and backing paper, the amount of dirt and debris in the cellophane strips around the negatives and slides is horrific.
Now, I will confess that about 3/4 of this film was a write-off anyway. It consisted of film found in cameras I bought or film I had shot years ago and kept in the fridge WAY beyond time to have it processed, but the other 1/3 was recent.
The actual processing appears to be good.
But...
Wow. What filth.
I've had good developing experience with North Coast Photo Service (NCPS) in California as well. Also LTI Lightside (BW only. They stopped doing chromes) and CRC Vista FIlm- both in NYC.All the film labs I've been to in California have crazy good business.
I have had terrible results and service from TheDarkroom.com, several times. And they did not try to make good.
So I mention it as a public service announcement to others here. They also are very expensive.
Fantastic results and service from northcoastphoto and TheFindLab for dev and scan.
Samy's Camera has been very good for developing (their scans not so good)
MikesCamera has been very good for developing. (did not try any other services from them).
But opinion may have nothing to do with truth. If I say, "They stink. Their service is terrible. I wouldn't use them again in a thousand years.." That's opinion, not truth. It's still not libel or slander.And the tests are slightly different, so you can have the really fun situation where someone says something in public, someone else publishes what was said, an aggrieved party sues the first for slander and the second for libel, and the defenses presented in court are different!
Truth remains a defense in all cases.
It is a lot more subtle than that Alan.But opinion may have nothing to do with truth. If I say, "They stink. Their service is terrible. I wouldn't use them again in a thousand years.." That's opinion, not truth. It's still not libel or slander.
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