How To Prove A Florida Defamation – Slander Claim
In Florida, a claim of Defamation – Slander is defined as:
Slander occurs when, by way of oral or spoken communication, one makes a defamatory, malicious, or false statement about another that damages their reputation and subjects them to hatred, contempt, or ridicule.
It simply means:
An untrue statement spoken publicly to damage someone else’s reputation.
There are 5 elements of the claim:
- Element 1. The defendant made an oral or spoken statement about the plaintiff. The defendant said something out loud about the plaintiff that could harm the plaintiff’s reputation, which is a key part of a slander claim in defamation cases.
Facts that might support this element look like:
* The defendant publicly stated that the plaintiff was dishonest in their business dealings during a community meeting.
* The defendant told several coworkers that the plaintiff was incompetent and unqualified for their job.
* The defendant claimed in a social media post that the plaintiff had committed fraud, which was seen by numerous individuals.
* The defendant verbally accused the plaintiff of stealing company funds in front of other employees.
* The defendant remarked to a mutual friend that the plaintiff was involved in illegal activities, which was overheard by others. - Element 2. The statement was without privilege. The statement was made without privilege means that the person who made the statement had no special legal protection to say it, making them fully responsible for any harm it caused to someone’s reputation.
Facts that might support this element look like:
* The defendant made the statement publicly during a community meeting, where no relevant privilege applied.
* The statement was made with malicious intent, knowing it to be false, which negates any claim of privilege.
* The defendant had no legitimate interest in sharing the information, as it was unrelated to any official duty or responsibility.
* The statement was not made in a context that would typically afford protection, such as a legal proceeding or official report.
* The defendant failed to verify the truth of the statement before making it, demonstrating a disregard for the truth and lack of privilege. - Element 3. The statement was published or communicated to a third party. For a defamation claim to be valid, the false statement must have been shared with someone other than the person it was about, meaning it was communicated to a third party who heard or saw it.
Facts that might support this element look like:
* The defendant verbally accused the plaintiff of theft in front of several coworkers during a team meeting.
* The defendant sent an email to multiple colleagues claiming the plaintiff was incompetent in their job.
* A mutual friend overheard the defendant making false statements about the plaintiff at a social gathering.
* The defendant posted derogatory comments about the plaintiff on a public social media platform, visible to hundreds of users.
* The defendant shared false information about the plaintiff with a local news outlet, which subsequently aired the claims. - 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 through slander, it must be shown that the statement was made either knowing it was false, with a careless attitude about its truth, or at least without proper care regarding the truth when it involved a private individual.
Facts that might support this element look like:
* The defendant had previously been informed by multiple credible sources that the statement in question was false before making the public declaration.
* The defendant failed to verify the accuracy of the information despite having access to reliable evidence that contradicted the statement.
* The defendant has a history of making unsubstantiated claims about the plaintiff, indicating a pattern of reckless disregard for the truth.
* The statement was made during a public forum where the defendant was aware that the audience would take the information as fact without further verification.
* The defendant ignored warnings from colleagues who cautioned that the statement was misleading and potentially damaging to the plaintiff’s reputation. - Element 5. The plaintiff suffered actual damages as a result of the defendant’s statement. The plaintiff experienced real harm, like losing money or suffering emotional distress, because of false statements made by the defendant that damaged their reputation.
Facts that might support this element look like:
* The plaintiff lost a significant client contract after the defendant falsely claimed the plaintiff engaged in unethical business practices.
* The plaintiff experienced emotional distress and anxiety, leading to medical treatment, due to the defendant’s defamatory statements.
* The plaintiff’s reputation in the industry suffered, resulting in a 30% decrease in business revenue following the defendant’s remarks.
* The plaintiff was unable to secure new job opportunities because potential employers were influenced by the defendant’s false statements.
* The plaintiff incurred legal fees while pursuing a defamation lawsuit against the defendant, adding to their financial burden.
(See Ozyesilpinar v. Reach PLC, No. 3D22-628 (Fla. Dist. Ct. App. May. 17, 2023). Wolfson v. Kirk, 273 So. 2d 774 – Fla: Dist. Court of Appeals, 4th Dist. 1973. Spears v. Albertson’s, Inc., 848 So. 2d 1176 – Fla: Dist. Court of Appeals, 1st Dist. 2003. Axelrod v. Califano, 357 So. 2d 1048 – Fla: Dist. Court of Appeals, 1st Dist. 1978.)
If you’re in court without a lawyer and plan to assert a Claim of Defamation – Slander, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.
Prove Your FL Defamation – Slander Claim
U.S. Civil Cases Only