How To Prove A Florida Defamation Claim
In Florida, a claim of Defamation is defined as:
To defame someone is to make false statements that harm the person’s reputation by inciting hatred, contempt, or ridicule against that person. Defamation includes Slander and Libel. Slander is defamation by way of oral or spoken communication, while libel is in the form of written communication.
It simply means:
An untrue statement made publicly to damage someone else’s reputation.
There are 5 elements of the claim:
- Element 1. The defendant made a false statement about the plaintiff. The defendant said something untrue about the plaintiff that harmed the plaintiff’s reputation, which is a key part of proving a defamation claim.
Facts that might support this element look like:
* The defendant publicly claimed that the plaintiff embezzled funds from their employer, which is untrue and unfounded.
* The defendant stated in a social media post that the plaintiff was involved in illegal activities, despite having no evidence to support this assertion.
* The defendant told several colleagues that the plaintiff had been fired for misconduct, which was false as the plaintiff resigned voluntarily.
* The defendant repeatedly accused the plaintiff of being dishonest in business dealings, despite the plaintiff’s consistent record of integrity.
* The defendant spread rumors that the plaintiff was under investigation for fraud, which was completely fabricated and damaging to the plaintiff’s reputation. - Element 2. The statement was without privilege. In a defamation claim, “without privilege” means that the statement made was not protected by any legal rights or special circumstances, making the person who made the statement liable for any harm it caused to someone’s reputation.
Facts that might support this element look like:
* The defendant made the statement publicly without any evidence to support its truthfulness.
* The statement was made with malicious intent, knowing it would harm the plaintiff’s reputation.
* The defendant had no legitimate reason to disclose the information to third parties.
* The statement was made in a private conversation, lacking any public interest or necessity.
* The defendant failed to retract the statement despite being informed of its falsehood. - Element 3. The statement was published. In a defamation claim, “the statement was published” means that the harmful statement was shared with someone other than the person it was about, whether in writing, spoken aloud, or through other means, making it possible for others to see or hear it.
Facts that might support this element look like:
* The statement was shared on a public social media platform, accessible to thousands of users.
* The statement was included in a widely circulated email sent to multiple recipients.
* The statement was printed in a local newspaper, reaching a broad audience in the community.
* The statement was posted on a public forum where anyone could view and comment on it.
* The statement was broadcast on a radio show, allowing listeners to hear it live. - Element 4. The statement was made with knowledge or reckless disregard as to the falsity on a matter concerning a public official, or at least negligently on a matter concerning a private person. To prove defamation, it must be shown that the statement was made either knowing it was false, with a careless attitude towards its truth, or at least without proper care about the truth when it involved a private individual.
Facts that might support this element look like:
* The defendant had access to credible sources that contradicted the statement but chose to ignore them.
* The defendant was informed by multiple witnesses that the statement was false prior to making it public.
* The defendant has a history of making unverified claims about the plaintiff, indicating a pattern of reckless behavior.
* The statement was made shortly after the defendant received a warning about the potential inaccuracy of the information.
* The defendant failed to conduct any reasonable investigation into the truth of the statement before publishing it. - Element 5. The plaintiff suffered actual damages as a result of the defendant’s statement. The plaintiff experienced real harm, like lost income or emotional distress, because of what the defendant said, which is a key part of proving a defamation claim.
Facts that might support this element look like:
* The plaintiff lost a significant client contract due to the defendant’s false statement, resulting in a revenue decrease of 30%.
* The plaintiff experienced emotional distress and anxiety, leading to medical treatment and therapy expenses totaling over $5,000.
* The plaintiff’s reputation in the industry was severely damaged, causing a 50% drop in new business inquiries.
* The plaintiff was unable to secure a promotion at work, as the defendant’s statement led to a loss of trust from management.
* The plaintiff incurred legal fees exceeding $10,000 to address the false claims made by the defendant.
(See Lawnwood Medical Center Inc. v. Sadow, 43 So. 3d 710 (Fla. Court of Appeals 2010). Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. Supreme Court 2008). Bass v. Rivera, 826 So. 2d 534 (Fla. Court of Appeals 2002).)
If you’re in court without a lawyer and plan to assert a Claim of Defamation, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your Claim of Defamation.
Prove Your FL Defamation Claim
U.S. Civil Cases Only