A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Claim Defamation Character Within A Company In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-00423BG
Format:
Word;
Rich Text
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A defamation attorney Miami can assist victims of this type of behavior. You can file a claim for defamation against the defendant (the one responsible for libel or slander) under Florida law.A cease and desist letter is very commonly used in a defamation claim as the first step. Do you believe that you may have been defamed in the workplace? If so, you may be eligible to receive compensation for any related losses. What Do You Have to Prove in a Florida Defamation Case? The Burton Firm has a wide range of experience with defamation claims, including in the business and employment areas. Such a defamation case is a losing case unless you can prove false statements of fact were reported and that the reporter knew the statements were false. How Can You File a Claim for Defamation in the Workplace? You can file a defamation of character lawsuit in state courts.
