Defamation, Libel, and Slander: Key Elements of a Claim
Libel and slander are two types of defamatory statements. Libel is written, while committing slander is done orally. A defamatory statement qualifies as a falsely stated fact that causes injury or damage to the statement’s subject. A defamation statement must be negligently or intentionally communicated or published to a third party to qualify for a defamation lawsuit.
Defamatory Statements
Defamation and opinion don’t mix because defamatory statements are false statements of facts - not opinions. Opinions cannot be defamatory because everyone has a right to express them, no matter what they may be.
A statement qualifies as defamatory if it holds the subject of said statement to scorn, hatred, ridicule, disgrace, or contempt in the mind of any considerable portion of the community.
There’s a difference between saying, “Leah is a poor worker,” and “Leah stole $10,000 from our company.” The first statement is an opinion and is not liable for slander. The second is a statement of fact, and if it isn’t true, it could cause harm to Leah’s livelihood by getting her fired.
For a statement to qualify as defamatory, it must be made to a third party. For example, Leah would have a claim for libel if the second statement was untrue and someone wrote it in an email to her boss.
Private and Public Figures
There is a standard of conduct surrounding the act of holding someone liable for defamation, and it depends on the figure who was defamed. If the person is a private figure, the person who made the statement can only be held liable if:
● They knew the statement they made was defamatory.
● They acted with disregard for the truth.
● They neglected to find out if the statement was true.
If the defamed person is a public figure, the person making the statement can only be held liable if:
● They knew the statement they made was false.
● They acted with disregard for the truth.
Damages
There are damages available for the subject of the defamatory statement. They can be compensated for the injuries they incurred as the result of the statement, like lost wages, lost earning capacity, pain, and suffering, suffered reputation, loss of standing in the community, humiliation, shame, and disgrace.
Montiel Hodge Can Help
Whether you are the plaintiff or the defendant, Montiel Hodge will put our expertise to work in assisting your case. If you’ve been defamed or there is a case being brought against you for defaming someone else, get in touch with us today.