Libel & Slander
Libel and slander make up the tort area called defamation law. Defamation suits revolve around someone issuing a false statement about another person which, in turn, causes the other person to suffer harm.
Slander is the defamation tort that requires that there have been defamatory statements made in a non-fixed, transitory representation. Typically, slander involves oral statements that are made. Libel, on the other hand, is the tort for when an individual has been subject to a defamatory statement made in a print or fixed medium, like a newspaper or tabloid.
The elements required to prove a defamation claim are:
- A false and defamatory statement concerning the plaintiff
- The unprivileged publication of the statement to a third party i.e. making the false statement to a third party
- If the statement made is of public concern, the publisher had to have been at least negligent in publicizing the statement
- Damages to the plaintiff
Because of the requirement of damages, it is not enough for a person’s feelings to be hurt. The statement or article in question must have caused some damages to a career or something else.
When talking about publishing a statement in defamation terms, a statement is considered “published” when it is made to the third party. Without the statement being made to a third party, it is not defamation, it’s merely name calling or rude.
Contact an Indianapolis Personal Injury Lawyer
If your reputation has been damaged because of someone’s defamatory statements, contact the Indianapolis personal injury lawyers of the Hankey Law Office at 317-634-8565 to discuss your case and to determine your legal options.