How To Prove A Florida Defamation – Slander Per Quod Claim
In Florida, a claim of Defamation – Slander Per Quod is defined as:
Slander Per Quod is a type of slander where the defamatory nature of the statement is not immediately apparent and requires additional context or information to understand its defamatory meaning. The term “per quod” is Latin for “whereby” or “by reason of which.”
It simply means:
An untrue statement that may not be immediately recognizable as defamatory.
There are 5 elements of the claim:
- Element 1. The defendant made a false statement. A defendant makes a false statement when they say something untrue about someone else that can harm that person’s reputation, even if the statement isn’t directly obvious as harmful.
Facts that might support this element look like:
* The defendant publicly stated that the plaintiff was involved in criminal activity, which was untrue and unfounded.
* The defendant claimed that the plaintiff had been fired from their job for misconduct, despite the plaintiff resigning voluntarily.
* The defendant spread rumors that the plaintiff was untrustworthy in business dealings, which were based on hearsay and not factual evidence.
* The defendant asserted that the plaintiff had a history of substance abuse, which was false and damaging to the plaintiff’s reputation.
* The defendant published an article that inaccurately portrayed the plaintiff as a fraud, leading to significant harm to the plaintiff’s personal and professional life. - Element 2. The statement was published or communicated to a third person. For a defamation claim called slander per quod, it must be shown that the harmful statement was shared with someone other than the person it was about, meaning a third party heard or saw the statement, which can damage the person’s reputation.
Facts that might support this element look like:
* The defendant shared the allegedly defamatory statement with a mutual friend during a conversation at a local café.
* The statement was posted on the defendant’s social media account, where it was visible to hundreds of followers.
* The defendant sent an email containing the statement to several colleagues at work, discussing the plaintiff’s character.
* The statement was made during a public meeting, where attendees included individuals not related to the plaintiff.
* A local newspaper published an article that included the defendant’s statement about the plaintiff, reaching a wide audience. - Element 3. When viewed in context with additional facts and extrinsic evidence, the statement was defamatory. In simple terms, when you look at a statement alongside other facts and outside information, it can be seen as harmful to someone’s reputation, which is a key part of proving a slander claim where the meaning isn’t obvious at first glance.
Facts that might support this element look like:
* The statement was made in a public forum where the audience was likely to interpret it negatively.
* The speaker had a history of making false claims about the plaintiff, which casts doubt on their credibility.
* The statement was accompanied by misleading visuals that further distorted the truth of the situation.
* Witnesses present at the time of the statement expressed their belief that it was intended to harm the plaintiff’s reputation.
* The statement was shared widely on social media, amplifying its reach and potential harm to the plaintiff’s character. - Element 4. The plaintiff suffered special damages. The plaintiff experienced specific financial losses, like lost wages or medical expenses, directly resulting from the harmful statements made about them, which is necessary to prove in a slander case where the words aren’t obviously damaging.
Facts that might support this element look like:
* The plaintiff lost a lucrative job opportunity due to false statements made by the defendant, resulting in a significant loss of income.
* The plaintiff incurred medical expenses for therapy sessions to address emotional distress caused by the defamatory remarks.
* The plaintiff’s reputation in the community suffered, leading to a decline in business sales and contracts.
* The plaintiff was required to hire a public relations firm to mitigate the damage to their reputation, incurring substantial costs.
* The plaintiff experienced anxiety and depression, leading to lost wages from missed workdays due to mental health issues. - Element 5. The special damages were proximately caused by the defendant’s statement. In a defamation case, “the special damages were proximately caused by the defendant’s statement” means that the specific financial losses the plaintiff suffered directly resulted from the harmful statement made by the defendant, linking the damage to the false claim.
Facts that might support this element look like:
* The defendant’s statement falsely accused the plaintiff of theft, leading to immediate job loss.
* Following the defendant’s remarks, the plaintiff’s business experienced a significant decline in customer trust and revenue.
* The plaintiff was publicly shunned by community members after the defendant spread the defamatory statement.
* The plaintiff incurred legal fees to address the false allegations made by the defendant.
* The defendant’s statement resulted in the plaintiff being denied a promotion due to reputational damage.
(See Hoch v. Rissman, Weisberg, Barrett, 742 So. 2d 451 – Fla: Dist. Court of Appeals, 5th Dist. 1999. Campbell v. Jacksonville Kennel Club, 66 So. 2d 495 – Fla: Supreme Court 1953. Wolfson v. Kirk, 273 So. 2d 774 – Fla: Dist. Court of Appeals, 4th Dist. 1973. Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. Supreme Court 2008).)
If you’re in court without a lawyer and plan to assert a Claim of Defamation – Slander Per Quod, 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 necessary to navigate this complex legal landscape effectively.
Prove Your FL Defamation – Slander Per Quod Claim
U.S. Civil Cases Only