I often get phone calls from those who feel they were defamed. They are typically upset that someone made a negative statement about them. However, defamation requires more than a negative statement.
The statement must be false. If the statement is true, a defamation case will fail.
In addition, the statement must cause damage to someone’s reputation. Damages are often difficult to prove and to quantify.
A recent Connecticut case illustrates these elements. A landlord was called a “slumlord” at a public meeting. However, the landlord admitted that there were always complaints about the buildings he leased. A newpaper reporter testified that the landlord had a reputation as “notorious slumlord.” The landlord failed to prove that the statement calling him a “slumlord” was false. Therefore, the landlord could not prevail on that part of his defamation case.
The landlord was also called an arsonist. However, the court found that the statement did little to harm the landlord’s business reputation and only awarded him $1.
A claim of defamation must be analyzed very carefully. It is important to weigh the costs involved, the likelihood of success and the potential amount of recovery.
In addition, suing for defamation will generate a public a record of the case. This may in turn create unwanted publicity to the statement(s). By suing, you may create a larger audience to learn about what someone said about you. This may be an unwelcome and counterproductive result.