Defamation: Has Your Good Name Been Damaged?
The First Amendment provides us with broad protection with respect to Freedom of Speech. However, if someone carelessly or maliciously makes an untrue statement about you or your business, you may be entitled to compensation for damages to your good name.
Defamation is the communication of a statement that makes a claim, expressly or implied to be factual, that may give a business, product, or individual a negative image. Such statements can be made verbally (slander), or in writing (libel).
To successfully pursue a defamation claim, the claimant must establish: (1) a false statement of fact about another; (2) publication of that statement to a third-party; (3) a degree of fault connected to the defendant; and (4) harm or damage to the claimant.
In some cases, the claimant need only prove that the defendant published the statement to any third party. This is known as defamation per se, of which there are four categories: (1) accusing someone of a crime; (2) alleging someone has a loathsome disease; (3) adversely reflecting on a person's fitness to conduct their business or trade; and (4) imputing serious sexual misconduct.
If you think you or your business is the victim of defamation, contact Wood, Atter & Wolf, P.A., a Jacksonville, Florida business litigation law firm.
