QUESTION
Does this constitute slander/defamation
Asked on Apr 16th, 2019 on Civil Litigation - Texas
More details to this question:
My wife went to our bank this afternoon to cash a check and the teller looked at her ID and said the picture didn’t look like her. My wife said politely that she was is currently sick and that she’s changed her appearance. The teller proceeded to tell her she put on weight since the picture. Uncomfortably and unwillingly my wife confessed that she is in the middle of chemotherapy treatments. Rather than apologize and leave it alone she continued to make comments about my wife’s weight, all while other customers were within close proximity. My wife, already being in a very emotional state because of her condition, was completely humiliated and left the bank in tears. Does this consitute slander or defamation? Based on a literal interpretation, I’m not sure how it doesn’t?!?!?
1 ANSWER
I'm afraid that it doesn't constitute defamation, which is an intentinally or recklessly false statement of fact (not opinion) about a person, communicated to a third party, which damages the reputation of the person being spoken (or written) about or causes that person monetary damages. However hurtful, the teller's comments do not appear to be defamatory on several counts. They may possibly constitute intentional infliction of emotional distress or prima facie tort, but you should consult with a Texas attorney to see if the teller's actions constitute one of those torts under Texas law.
You didn't ask, but I hope you don't think I'm overstepping if I suggest that you and your wife have more important things to worry about right now than bringing a lawsuit, which is expensive, time consuming, and stressful. Perhaps a complaint to the bank's management would be a better way to go.
Answered on Apr 17th, 2019 at 7:32 AM