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How to Avoid a Defamation of Character Claim

Monday, November 12, 2007
Related Tags: defamation | character | statements | libel | slander
 

Instructions

  • Step 1:
    Avoid derogatory oral statements (libel). Making false statements about someone else to a third party that cause harm to that person's reputation is grounds for a defamation of character suit. Avoid saying anything untrue about anyone else to ensure you don't inadvertently cross the line.
  • Step 2:
    Stay away from derogatory written statements (slander). Just like libel, making false written statements, or slander, against someone else in a way that causes them damage can be grounds for a defamation of character claim.
  • Step 3:
    Keep it to yourself. Defamation of character only results when the harmful statements are made to a third party. You can think all the bad thoughts you want, but it's just good practice to keep them to yourself.
  • Step 4:
    Understand the law. The best way to avoid a defamation of character lawsuit is to understand what's need to prove defamation. Generally, for someone to make a successful defamation of character claim, they must show that there was a false statement of fact, this statement was conveyed to a third party and the statement was understood to be about them and resulted in harm to their reputation. In the case of a public figure, actual malice must also be proved.

Tips & Warnings

  • You should consult with an experienced attorney if you ever have to defend yourself against a defamation of character lawsuit.

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