Not Sure If What Happened to You Is Defamation? Here Are Three Common Situations.
Most people who land on this page are not lawyers. They are someone who just found out that a false statement was made about them — online or in person — and they are trying to figure out if they have a legal claim. The articles below go into the legal detail. But first, here are three situations that commonly lead to a defamation case in Florida.
Situation 1 — Someone posted something false about you that people believed.
This is the most common gateway into a defamation case. A false statement was published online or said to others, people saw or heard it, and your reputation or relationships were damaged as a result. Whether it was an ex, a former business partner, a neighbor, or a stranger — if the statement was false and caused you harm, Florida law may allow you to recover.
Situation 2 — A negative review about your business contains false information.
Not all bad reviews are defamation. But when a review contains false statements of fact — not just a negative opinion — and those false statements damage your business or professional reputation, you may have a claim. Florida courts have taken these cases seriously, particularly when the statements go to a professional’s competence, ethics, or honesty.
Situation 3 — Someone made a false accusation that spread through your community or profession.
Defamation does not have to happen online. A false statement made to your employer, your clients, your neighbors, or your professional community can be just as damaging as anything posted publicly. If the statement was false, was communicated to at least one other person, and caused you real harm, it may be actionable under Florida law.
If any of these situations sound familiar, the articles below will help you understand your rights under Florida defamation law. If you are ready to speak with an attorney, call Alan Sackrin at (954) 458-8655 for a free consultation. Defamation cases are not handled on a contingency basis — call to discuss fees. Or send a message ›
Get insights on a variety of issues related to defamation, including online defamation, social media defamation, defamation per se, defamation of professionals, examples of winning cases, and how to defend against a libel or slander claim.
In Florida, defamation is generally defined as a publication of false statements that directly and approximately result in an injury to another. Under Florida law, defamation includes both libel and slander.
Libel is a written publication of false statements that cause injury to the victim. A writing includes a picture, drawing, sign, or any other depiction of a person. In order for the wrongful writing to be actionable, it must expose the victim to hatred, or ridicule that causes a person to be shunned or avoided or that has a tendency to injure any person, corporation, or other entity in his, her, or its business or occupation.
Under Florida law, slander is a spoken statement that is published to others and that tends to damage that person’s reputation, ability to conduct that person’s business or profession, and that holds that person to disgrace and humiliation.
A defamatory statement does not become actionable until it is published or communicated to a third person and proof of publication is necessary to be found liable for defamation. One key to measuring damages is looking at the number of people who heard or saw the defamatory statement. This is one of the first lines of inquiry in the defense of a defamation action.
Below are several of Alan’s defamation articles where you can learn about issues including whether or not a publication has occurred (retweeting a falsehood is likely not defamation) and see examples of successful defamation lawsuits.
| Examples of Florida Defamation Cases Where Plaintiffs Were Victorious
Read about three interesting court cases that demonstrate how victims of libel or slander have found justice. Read more. |
Florida Defamation of Character Lawsuits
There are certain issues you need to know prior to filing a defamation lawsuit, including the falsity of the statement that caused injury to the plaintiff. Read more. |
| Defamation Per Se
There are certain defamation cases in Florida where no evidence of harm is required, like when someone falsely states a person has been involved in some kind of criminal activity. Read more. |
Florida Defamation of Character Claims
“Libel” and “slander” make-up defamation of character, and, committing one of these acts in Florida can be the basis of a civil lawsuit for damages. Read more. |
| Defenses To Defamation Lawsuits: Libel and Slander Claims
Common defenses to defamation claims (libel or slander) include truth, anti-SLAPP, and the limitations doctrine. See the other 7 defenses that we use. Read more. |
Defamation Claim Against Your Condo or Homeowners Association?
People get upset at a board meeting and hurl hurtful and malicious statements about their fellow unit owners. Insurance companies make it very difficult to settle these cases. Read more. |
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