Practice area Defamation
Duffy & Young has handled numerous cases wherein defendants have paid handsomely for the damage to a victim’s reputation. Our lawyers have defended defamation cases as well, ending cases after helping to show that the negative statements our client made about the plaintiff were, in fact, true.
Defamation: Proving Your Case
A claim for defamation allows an individual or business to recover money damages for injury to his or her reputation that results from of the communication of a false statement by a defendant. To prove that you have been defamed, you must demonstrate: 1) an untrue statement of fact; 2) published to a third party; and 3) caused injury to you or your business’s reputation.
The Truth is the Best Defense
The truth of a statement is an absolute defense to an action for defamation. Just because Dave says that Jane doesn’t pay her taxes does not, alone, mean that Jane can win a defamation claim against Dave. If Dave’s statement is and true, South Carolina law provides Dave a complete defense to Jane’s claim that Dave defamed her—even if Dave made the statement about Jane for an improper purpose.
Publication to a Third Party
A statement is considered “published” when it is shared with others. Defamatory statements take two forms depending on how they are published: libel and slander. A claim for libel consists of the publication of an untrue statement by written or printed words. Examples of libel include publication of a defamatory statement in a newspaper, on a flyer posted in a public space or in an email. Slander, on the other hand, is spoken defamation and publication is accomplished simply by saying the defamatory statement aloud to a third party.
Internet Defamation
In the age of social media, anyone can share information with millions of people with the simple click of a “Post” button. As it becomes more common for people to engage in online commentary, there is an increasing likelihood that a defamatory statement will reach a broader audience. When a falsehood about you or your business is posted online, you may have an actionable defamation claim.
Help in Your Defamation Case
Did a spoken or printed falsehood have an impact on you or your business? Give Duffy & Young a call to talk through key legal issues related to defamation lawsuits.
