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 Washington
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Request for correction or clarification. Submit the completed Washington State Tort Claim form to the following fax number: .Statements made in pleadings to a court are not a basis for a defamation suit, the statements are privledged. So, don't bother looking for forms to combat this. Defamation is divided into the actions of libel and slander. Before submitting your complaint to the Court, you must first fill out the case caption with the name of the plaintiff and defendant(s). To start a defamation lawsuit: (1) decide if you have a claim, (2) calculate your damages, (3) gather evidence, (4) speak to a lawyer, and (5) file your case. The claimant in a defamation case must prove that the false statement damaged their reputation. To file a new case, you must first complete a document called a "Complaint. " A complaint is a legal document that describes why you believe the defendant(s).
