Getting What Is Rightfully Yours

Has Your Reputation Been Ruined? 4 Acts That May Be Considered Defamation Per Se

25 August 2015 by Penny Fisher

Defamation per se is a legal tort where someone has used libel or slander to tarnish your reputation. And unlike defamation per quod, it does not need additional evidence because the damages are considered obvious. This tort only requires that you prove that the published information was false. If your reputation is on the line, you'll not only want to speak with an attorney, like Goldman & LeBrun, but you'll want to see if defamation per se applies to your case. Here are four examples of defamation per se:

Improper Conduct in Business

Suppose that you are a financial professional and a friend approaches you to help him or her embezzle some funds from his or her boss. Assume also that you refuse the deal and threaten to expose him or her, but he or she then starts spreading rumors to the effect that you are an embezzler. Since misappropriation of funds is improper conduct for a financial professional, showing your innocence is adequate proof that your friend is guilty of defamation.

Criminal Activities

Suppose one of your friends loans you his or her car for the weekend. Also, assume that the next day, he or she starts spreading lies that his or her car has been stolen. Stealing a car is a serious criminal activity that can land you in jail. If you can prove that you had your friend's permission to use the car, then you can also instigate a defamation lawsuit against him or her.

Infection of Loathsome Diseases

Loathsome diseases are those that are feared due to their seriousness, incurability, or ease of spreading. Examples include sexually transmitted diseases such as HIV/AIDs, mental illness, and leprosy. Therefore, if a medical practitioner tells your colleagues that you are HIV positive, you only need to prove that you don't have the infection to have the medical professional charged with defamation.

Sexual Misconduct

The last example is sexual misconduct--something that the society generally frowns upon. Suppose you have personal differences with a colleague who then starts spreading rumors that you have been cheating on your spouse. This is another case of defamation per se, which means you only need to prove that your colleague is lying about you.

As you can see, all these examples involve serious lies that can damage your career, business, name, or even send you to jail. You don't have to prove that any of these harms have caused monetary damages; injury to your reputation is enough for a court to decide on your case. Consult an attorney to evaluate your case if someone has published lies about you.

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