Can I Bring An Action For Defamation Of My Business?
“Defamation” is a false publication causing injury to a person’s reputation or exposing that person to public hatred, contempt, ridicule, shame, or disgrace or affecting the person adversely in his or her trade, business, or profession. The essential elements of an action for defamation require : a false statement concerning another; that is defamatory; that was published to a third party; causing injury to the plaintiff; and with a requisite degree of fault on the defendant’s fault.
Please note that according to the American Jurisprudence, where a statement impugns the creditworthiness of a business, an action for defamation lies; injury is conclusively presumed and no proof of special damages is required. False words tending to injure a person in his or her business, profession, office, occupation, or employment are actionable. Corporations, as well as individuals can bring actions with respect to statements made about the conduct of their business.
About: Rayan F. Coutinho is an attorney with the Business Group at Wood & Lamping LLP and can be reached at rfcoutinho@woodlamping.com or (513) 852-6030.
admin @ November 14, 2008