How To Prove A Florida Slander Claim
In Florida, a claim of 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 6 elements of the claim:
- Element 1. The defendant stated a falsehood. The defendant made a false statement about someone that could harm their reputation, which is a key part of a slander claim.
Facts that might support this element look like:
* The defendant publicly claimed that the plaintiff was involved in criminal activity, which was untrue and unfounded.
* The defendant told several individuals that the plaintiff had been fired from their job for misconduct, despite the plaintiff resigning voluntarily.
* The defendant asserted that the plaintiff had a history of dishonesty, which was not supported by any evidence or prior incidents.
* The defendant spread rumors that the plaintiff was under investigation by law enforcement, which was completely false and damaging to the plaintiff’s reputation.
* The defendant falsely accused the plaintiff of cheating in a professional competition, leading to significant harm to the plaintiff’s career and credibility. - Element 2. The falsehood has been published or communicated to a third person. For a slander claim, it must be shown that the false statement was shared with someone other than the person it was about, meaning the harmful information was communicated to a third party.
Facts that might support this element look like:
* The defendant made a false statement about the plaintiff during a public meeting attended by several community members.
* The defendant sent an email containing false information about the plaintiff to multiple colleagues at work.
* The defendant posted a defamatory comment about the plaintiff on a popular social media platform, which was visible to hundreds of users.
* The defendant verbally accused the plaintiff of theft in front of a group of friends at a local café.
* The defendant shared false allegations about the plaintiff with a local journalist, resulting in a published article. - Element 3. The defendant-publisher knows or reasonably should know that it will likely result in inducing others not to deal with the plaintiff. The defendant-publisher is aware, or should be aware, that their statements could lead others to avoid doing business with the plaintiff, which is an important factor in proving a slander claim.
Facts that might support this element look like:
* The defendant-publisher published a false statement about the plaintiff’s business practices, which was widely disseminated in the industry.
* The defendant-publisher received multiple complaints from readers expressing concern about the plaintiff’s reputation after the publication.
* The defendant-publisher has a history of publishing defamatory content that has previously harmed other businesses’ relationships with clients.
* The defendant-publisher was aware of the plaintiff’s significant role in the community and the potential impact of the statements on their business relationships.
* The defendant-publisher failed to verify the accuracy of the claims before publication, despite having access to reliable sources that could have confirmed the truth. - Element 4. In fact, the falsehood does play a material and substantial part in inducing others not to deal with the plaintiff. In a slander claim, this means that the false statement significantly influenced others’ decisions, causing them to avoid interacting or doing business with the person who was harmed by the slander.
Facts that might support this element look like:
* The defendant’s false statement about the plaintiff’s business practices was widely circulated among local vendors, leading to a significant decline in the plaintiff’s customer base.
* After the defendant’s remarks, several potential clients explicitly stated they chose not to engage with the plaintiff due to concerns raised by the falsehood.
* The plaintiff’s reputation suffered, resulting in a 30% drop in sales within three months of the defamatory statement being made.
* The defendant’s claims were shared on social media, causing immediate negative reactions from the community and discouraging others from doing business with the plaintiff.
* Key industry partners withdrew their support from the plaintiff after hearing the defendant’s damaging allegations, directly impacting the plaintiff’s operations. - Element 5. The plaintiff’s special damages are proximately caused as a result of the published falsehood. The plaintiff must show that the false statement directly led to specific financial losses or harm, meaning that the damages they suffered were a direct result of the slanderous remarks made about them.
Facts that might support this element look like:
* The plaintiff lost a significant business contract after the defendant falsely claimed that the plaintiff engaged in unethical practices.
* The plaintiff experienced emotional distress and anxiety, leading to medical treatment, as a direct result of the defendant’s defamatory statements.
* The plaintiff’s reputation in the community suffered, resulting in a noticeable decline in customer inquiries and sales.
* The plaintiff was unable to secure a promotion at work due to the damaging rumors spread by the defendant.
* The plaintiff incurred legal fees while attempting to address the falsehoods published by the defendant. - Element 6. The plaintiff must specifically plead special damages. In a slander case, the person making the claim (the plaintiff) must clearly state any specific financial losses they suffered because of the false statements made about them, rather than just general harm to their reputation.
Facts that might support this element look like:
* The plaintiff failed to specify any lost income or business opportunities resulting from the alleged slanderous statements.
* The plaintiff did not provide evidence of medical expenses incurred due to emotional distress caused by the alleged slander.
* The plaintiff’s complaint lacks details about any specific contracts or relationships that were damaged due to the defendant’s statements.
* The plaintiff has not identified any third parties who were influenced by the alleged slanderous remarks, impacting their reputation.
* The plaintiff did not document any costs associated with reputational repair efforts following the alleged slander.
(See Bothman v. Harrington, 458 So. 2d 1163, 1168 (Fla. Dist. Ct. App. 1984). Gates v. Utsey, 177 So. 2d 486, 488 (Fla. Dist. Ct. App. 1965). Continental Development Corp. of Florida v. Duval Title & Abstract Co., 356 So. 2d 925, 927 (Fla. Dist. Ct. App. 1978).)
If you’re in court without a lawyer and plan to assert a Claim of 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 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 Slander.
U.S. Civil Cases Only