It is a common issue both for ordinary citizens and public figures, as well as companies to suffer harm to their reputation. California law allows them to sue for compensation of such damages. The law classifies the damages to reputation into several groups, which include:
Defamation is the spread of false statements, which is done to cause damage to one's reputation. Slander is the disclosure of such statements verbally and libel is such disclosure, which is done in writing.
The elements a plaintiff must establish to successfully sue a third party for defamation are the following:
Under California law defamation is "per se" is statements that are damaging on its face without the need of further explanations. An example of defamation per se includes for instance a false accusation that someone committed a crime or is unfit to practice in their particular profession. In case defamation is "per quod", the victim shall prove that the spread of a false statement causes damages. Examples of such damages can include lost profits, employment, negative consequences, a decrease of customers for a business, etc.
Under California law, public disclosure of private facts is a form of invasion of privacy. To get compensation for damages, the plaintiff must prove the following:
An example of public disclosure of private facts include publishing statements of your best friend's diagnosis or some intimate content to public media without his/her consent. The court decides the existence of a "private act" on a case-by-case basis, based on what an ordinary person considers private and offensive if disclosed. Physical persons have the right to sue for such kind of harm in one year from the date of disclosure.
Business disparagement refers to:
For example, a supermarket publishes information in a public newspaper that its competitor’s products do not comply with the applicable governmental standards.
A corporation has 2 years to file an action for compensation of disparagement after the statements' publishing and dissemination. The plaintiff shall prove the existence of the following elements to seek compensation of damages:
The dissemination of such statements can be conducted both orally and in writing. You can prove the loss of income in business disparagement by showing invoices, tax returns, and bank account statements of the company. For harm to reputation victims mostly recover such damages as:
California law provides victims of defamation not only the right to recover damages, but also other remedies. In addition to economic damages, plaintiffs may seek compensation for emotional distress. This includes:
In some cases, punitive damages may be awarded. These are awarded to punish the guilty party and to deter similar actions in the future. However, in order for the court to grant such a claim, the plaintiff must prove malice on the part of the defendant. In addition to monetary damages, the court may award injunctive relief. This means that the defendant must stop spreading false information. It is important to note that defamation is especially important in the digital media age. Lies posted on the Internet can spread quickly and cause significant damage. Therefore, if such publications are identified, it is important to contact a qualified attorney immediately.
If your or a loved one's believe that you have suffered defamation by a third party we invite you to contact our Los Angeles Personal Injury attorneys at KAASS LAW (310) 943-1171 for a free consultation.