Defamation/Reputational Injury
Are you looking for legal assistance regarding a potential defamation or reputational injury claim? Call us at (216) 815-9500 or submit this form and one of our attorneys will contact you for a free consultation.
NOTE: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
Defamatory matter is that which is injurious to one’s reputation. A cause of action for defamation arises if there is a false publication that injures a person’s reputation, exposes him or her to public hatred, contempt, ridicule, shame or disgrace; or affects him adversely in his trade or business. Libel and slander are two forms of defamation. Libel generally refers to written defamation, while slander generally refers to spoken defamation.
Defamation also is split into defamation per se and per quod, depending on the type of statement made. This distinction is significant because if defamation per se exists, then damages are presumed. With per quod defamation, the claimant must prove special damages. Per se defamation occurs when a statement is material on its face, while per quod occurs when the statement is defamatory through interpretation or innuendo. An example of per se defamation is when one is accused to have acted unprofessionally.
Some degree of fault on the part of a defendant is required, however, and there are numerous defenses to defamation claims which must be considered. Please contact CRK to discuss.