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Mr. Miller said publicly about Mr. Johnson that he behaves strangely around children and that Mr. Johnson is a pedophile. Two days later, Mr. Johnson is terminated from his job as a baseball coach. This example illustrates perfectly, how, regardless of knowledge and facts, Mr. Johnson’s reputation is damaged and how a, possibly, wrong statement caused him to lose his job.
If your reputation has been hurt and you believe you have become a victim of defamation or if you have been accused of defaming somebody, contact our defamation attorneys.
What is defamation?
By definition, defamation is any statement that injures a third party’s reputation, regardless of whether the statement was written or oral. Further, defamation causes someone to be ridiculed, embarrassed, lose employment and be lowered in the opinion of the community. Libel and slander are synonymous with defamation
Elements of Defamation
It is important to understand that not any unwelcome statement can be suit for defamation. In order to find that the plaintiff should be granted damages for defamation, the plaintiff must provide credible evidence that the statement was false and that the defendant was aware of the fallacy. Consider the following points of evidence to prove:
- That the defendant issued defamatory statements
- That the statements were non-privileged
- That the statements were false
- That the statements referred to the plaintiff
- That the defendant was, at least, negligent when the statements were made
- That the plaintiff suffered some injury as a result of the statement
Hot Topics
- Defamation on the Internet
- Defamation and employment
- Private defamation
- Defamation and free expression
- Defamation and media
- Defamation and qualified privilege
Defamation is a difficult wrong to prove, as there are various factors that are to be taken into consideration. The court must evaluate the defendant’s investigation, or lack there of, concerning the accuracy of the statement. It is important to understand how thorough the investigation was handled which ultimately reflects upon the nature and interest of the person who communicated the statement. Generally, defamation damages will not be awarded if the defendant had an honest but yet mistaken belief in the truth of the statement.
If you have any questions regarding defamation, libel and slander, if your reputation has been damaged by someone else or if you have been accused of defaming a third party, contact one of our defamation and slander attorneys today.
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Facts About Defamation
