Making a Michigan Defamation Claim
Defamation encompasses both libel and slander. A libelous statement is written and a slanderous statement is spoken, but both fall under the broader category known as defamation. Defamatory statements can happen in person, behind your back, or online.
What does it take to prevail on a defamation claim? In Michigan, someone pleading defamation must prove:
1) That the defendant made a defamatory statement that identified the plaintiff;
a. A statement is defamatory if it adversely affects reputation
b. Name calling is not defamation
c. The victim must be alive at the time the statement was made (i.e. Michael Jackson has no causes of action)
2) That the statement was published intentionally or recklessly
a. Publishing a statement means that it is communicated to anyone except the person being defamed
3) And damages
a. Depending on the type of claim: slander per se, slander not per se, and libel, then there might be a presumption regarding damages.
Libel and slander per se – statements regarding 1) the plaintiff’s business; 2) that the plaintiff committed a serious crime of moral turpitude; 3) a statement imputing unchastity to a woman, or 4) a statement about a loathsome disease that the plaintiff has.
Goodwin & Scieszka has been handling Michigan intentional tort claims for over 30 years. If you’ve been injured as a result of someone else’s reckless or negligent conduct, contact our Southfield, MI firm and let us fight for the recovery you deserve. We handle any and all person injury claims:
- Dog bites
- Birth trauma
- Car, motorcycle, snowmobile, bus collisions
- Slip and falls
- Any and all injuries
Call today and let us fight for the recovery you deserve.