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.
Particulars Of Claim For Defamation Of Character In New York
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This provision of the CPLR concerns claims for libel and slander (ie, defamation) and requires the plaintiff to plead "the particular words complained of." A claim for defamation must be stated with particularity.Learn about what to do when someone makes false statements against you and if you have a case. Request a New York City false accusations lawyer today. A lawsuit against the State of New York may only be filed in the Court of Claims. If you are a victim of defamation, you have to file the claim within one year of the statements' communication or publication if you live in New York. If you believe you are a victim of defamation in NY, it is crucial to gather as much evidence as possible to present to the court. The heart of a valid claim for defamation in New York hinges on whether or not the statement caused damage to the subject's reputation. As such, those claiming that certain statements caused them actual harm can file a suit in a New York court to recover actual and punitive damages.
