Full question:
I have an in-law that has spread gossip, true, somewhat true etc.: At my social events, my place of work, church....anywhere she might. This has caused severe emotional trauma to me and others in my family. Can this be a suable situation?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Ohio
Answer:
Slander is a type of defamation, a false statement communicated to another person that damages another’s reputation by exposing them to disrespect or ridicule from other people. In order to constitute defamation, the communication must be false. If the speaker knew or should have known the information was false and repeated it to another, resulting in harm to the person spoken about, it may be defamation.
The basic elements of a claim of slander include;
1. a defamatory statement;
2. published to third parties;
3. which the speaker or publisher knew or should have known was false; and
4. that caused the plaintiff injury as a result of the statement
Unlike libel, unless the slander is defamatory per se (on its face), damages caused by slander must be proven by the plaintiff. Damages for slander may be limited to actual damages unless there is malicious intent. It does not have to be proven that actual harm to your reputation occurred to collect damages for slander if it is defamatory per se, such as:
* The communication affects your business, trade or profession (loss of business, discharge, demotion, etc.),
* Implies you committed a crime,
* Leads on that you have a loathsome disease,
* Or suggests that you are somehow sexually impure.
Defamation is a difficult wrong to prove, as there are various factors that are to be taken into consideration. The court must evaluate the defendant’s investigation, or lack there of, concerning the accuracy of the statement. How thoroughly the investigation was handled will reflect upon the nature and interest of the person who communicated the statement. Generally, defamation damages will not be awarded if the defendant had an honest but yet mistaken belief in the truth of the statement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
