Everyone has heard these terms at some point or another. Almost everyone has been called a name or been lied about to others (i.e. gossip). While this is common but it can result in more than just hurt feelings and under NC law you may have a remedy which allows you to bring a civil action against another for such wrong doings.
Defamation can be defined as a false statement about someone, which is told to another which causes that person to suffer damages (e.g. monetary damages (lost income) or medical expenses (related to emotional distress). There are two major categories of defamation: libel and slander. Libel is written false statements and slander is spoken. If there is a false statement made about you which is written you do not have to show actual damages as it is presumed in the eyes of the jury that you have a loss. The same applies to some slanderous statements which accuse another of having committed a crime, having an infectious disease, etc. However, without any proof of actual monetary damages (hard numbers) the jury may have no guidance as to what to award.
The law of defamation is much more complex and the U.S. Supreme Court over the years has made various rulings and different standards apply depending upon the person who is spoken/written about. Different standards apply whether you are a private individual vs. a public figure (e.g. politician). Defamation lawsuits are not common and before brining a lawsuit one should decide whether if it worth it to invest the time, effort and expense. Many of the situations that have come across my desk involve gossip told to fellow acquaintances, friends and neighbors. Often if the lawsuit is pursued, it would be solely out of principle as there is a good chance that any judgment/verdict awarded could be less than what it would cost to hire an attorney to take the case from beginning to end.
However, there are some good (i.e. valuable) cases where it can be worth the time and expense including situations where a competing business person intentionally conveys a false statement to potential customers to deprive the other of business. If you can prove the elements with evidence (including testimony from would-be customers that but for the false statement they would have done business with you) then you may be able to meet your burden of proof to take to a jury. In one case a truck driver was terminated after he was involved in a multiple car accident. The initial at-fault driver was killed but charges were brought against the 1 wheeler truck driver as he was unable to avoid hitting the driver who was later determined to have died upon the first impact.
However, before the medical evidence was released and before the DA's office had dismissed the charges the employer placed upon the trucker's "DAC Report" (CDL Driving Record) that he had killed another person. When he went to seek other employment, he could not obtain a job due to his record. The employee could show that there was a false statement made, that it was published to 3rd parties & that he had suffered monetary damages (difference in his salary as a salesman job he took $30K vs. $100K per yr since the incident)... However, he waited too long to contact an attorney. Unlike common statutes of limitation (i.e. how long after the act do you have to file the lawsuit to file with the courts) the time limit one has is only one year (1yr). See N.C. Gen. Stat. s. 1-54. Many common claims such as negligence, such as a car wreck, is three years (3yrs).
If you have a potential defamation case that you would like to discuss feel free to contact our office to set up a consultation.
This article was written by Ron Trimyer, ron@mastfirm.com
