How To Prove A Florida Defamation – Slander Per Se Claim
In Florida, a claim of Defamation – Slander Per Se is defined as:
Slander is spoken defamatory statements, as opposed to written ones. “Per se” means “in and of itself” or “intrinsically.” It implies that certain statements are so inherently damaging that the plaintiff doesn’t need to prove actual damages to their reputation. Examples of slander per se include false statements about a person having a loathsome disease, engaging in serious criminal activity, being professionally incompetent, or making false allegations about someone’s chastity.
It simply means:
An untrue statement spoken publicly to damage someone else’s reputation.
There are 6 elements of the claim:
- Element 1. The defendant made an oral or spoken statement about the plaintiff. The defendant said something negative out loud about the plaintiff that harmed the plaintiff’s reputation, which is a key part of a slander claim.
Facts that might support this element look like:
* The defendant publicly accused the plaintiff of committing theft during a community meeting.
* The defendant stated in a recorded interview that the plaintiff was dishonest in their business dealings.
* The defendant told several coworkers that the plaintiff was involved in illegal activities.
* The defendant claimed in a social media post that the plaintiff was untrustworthy and a fraud.
* The defendant verbally asserted to a group of friends that the plaintiff had been fired for misconduct. - 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 right to say it, which is important in a defamation case because it shows the statement was not protected by law and can be considered harmful to someone’s reputation.
Facts that might support this element look like:
* The defendant made the statement publicly during a community meeting, where it was not necessary for them to disclose such information.
* The statement was made with malicious intent, as the defendant had a personal vendetta against the plaintiff.
* The defendant had no factual basis for the statement and failed to verify its accuracy before sharing it.
* The statement was not made in the context of a legal proceeding or any other situation that would grant it privilege.
* The defendant knowingly spread the statement despite being informed that it was false and defamatory. - Element 3. The statement was published or communicated to a third party. For a defamation claim based on slander per se, it must be shown that the harmful statement was shared with someone other than the person it was about, meaning it was communicated to a third party who heard or received the information.
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 shared false information about the plaintiff’s character on a public social media platform, which was accessible to hundreds of users.
* The defendant told a mutual friend that the plaintiff was involved in illegal activities, which the friend then relayed to others in their social circle.
* The defendant made defamatory remarks about the plaintiff during a community event, where multiple attendees overheard the conversation.
* The defendant sent an email to the plaintiff’s employer, falsely claiming that the plaintiff had committed fraud. - 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. This means that the person making the statement knew it was false or didn’t care if it was false, especially when talking about a public official, or was at least careless about the truth when discussing a private individual.
Facts that might support this element look like:
* The defendant had access to credible information that contradicted the statement but chose to ignore it before making the claim.
* Witnesses testified that the defendant expressed doubts about the truth of the statement prior to its publication.
* The defendant failed to conduct any investigation into the accuracy of the statement despite its serious implications for the plaintiff’s reputation.
* The statement was made in a public forum where the defendant had a history of making unverified claims about the plaintiff.
* The defendant had previously been warned about the potential consequences of spreading false information regarding the plaintiff. - Element 5. The statement imputed to the plaintiff one of the following: (a) a criminal offense amounting to a felony; (b) a presently existing venereal or other loathsome and communicable disease; (c) conduct, characteristics, or a condition incompatible with the proper exercise of his lawful business, trade, profession, or office; or (d) acts of unchastity if the plaintiff is a woman. In a defamation case, slander per se occurs when someone falsely accuses another person of serious wrongdoing, like committing a felony, having a contagious disease, behaving inappropriately for their job, or, if the person is a woman, engaging in immoral behavior.
Facts that might support this element look like:
* The defendant publicly accused the plaintiff of embezzling funds from their employer, which constitutes a felony offense.
* The defendant claimed that the plaintiff was diagnosed with a sexually transmitted disease, damaging the plaintiff’s reputation and personal relationships.
* The defendant alleged that the plaintiff engaged in fraudulent business practices, undermining the plaintiff’s credibility in their profession.
* The defendant spread rumors that the plaintiff had engaged in extramarital affairs, which could be perceived as acts of unchastity.
* The defendant stated that the plaintiff was involved in illegal drug activities, suggesting criminal behavior that tarnished the plaintiff’s professional image. - Element 6. The plaintiff was harmed as a result of the statement. The plaintiff must show that they suffered real damage, like losing a job or facing public ridicule, because of the false statement made about them.
Facts that might support this element look like:
* The plaintiff lost their job after the defendant falsely claimed they were involved in criminal activity.
* The plaintiff experienced severe emotional distress and anxiety due to the public nature of the defendant’s defamatory statements.
* The plaintiff’s reputation in their professional community was irreparably damaged following the defendant’s slanderous remarks.
* The plaintiff was unable to secure new employment opportunities as a direct result of the defendant’s false statements.
* The plaintiff incurred medical expenses for therapy to address the psychological impact of the defamatory statements made by the defendant.
(See Campbell v. Jacksonville Kennel Club, Fla. 1953. Lawnwood Medical Center Inc. v. Sadow, 43 So. 3d 710 – Fla: Dist. Court of Appeals, 4th Dist. 2010. Wolfson v. Kirk, 273 So. 2d 774 – Fla: Dist. Court of Appeals, 4th Dist. 1973.)
If you’re in court without a lawyer and plan to assert a Claim of Defamation – Slander Per Se, 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 navigate your case effectively.
Prove Your FL Defamation – Slander Per Se Claim
U.S. Civil Cases Only