Legal Question in Personal Injury in Idaho

Re: Defamation of character or slander

While I am licensed only in Tennessee, and not in your state, this is a matter that is fairly consistent among most states.

Defamation of character can be either libel (which is either written or broadcast) or slander, which is spoken.

To win the plaintiff must prove each of the following:

1) That the statement was made by the defendant

2) That the statement was false (in other words that it was a statement of FACT and not of opinion, and that it is untrue)

3) That the statemeent harmed the plaintiff's reputations.

Once that is proven the question is one of damages -- how much was the plaintiff injured, and how much should the defendant be punished (punitive damages) to deter such conduct in the future.

HOWEVER, there are a number of defenses, such as privilege (certain things CAN be said in certain settings, even if clearly untrue) without allowing for a defamation suit, courtroom statements or legislative debate are two examples.

And if the plaintiff is a public figure then the plaintiff must ALSO prove that the defendant either knew or should have known the statement was untrue.

While other issues may also be involved, these are the basics.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601