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– Injurious Falsehood
One type of defamation case exists where
an individual publishes a false statement not about a person, but about the
person’s business or property.If Jay’s
Jewlers ran an advertisement in the newspaper falsely claiming that Rock Bottom
Diamonds were selling cubic zirconium rings and passing them off as real
diamonds, this would be an example of an injurious falsehood.
injurious falsehood is the publication of a matter derogatory to the
plaintiff’s title to his property, or its quality, or to his business in
general, or even to his personal affairs, in a manner that is calculated to
prevent others from dealing with the plaintiff or to otherwise interfere with
his dealings with others.
important component of the claim is that the plaintiff must establish that the
defendant acted with malice, i.e., intentionally or with reckless disregard for
the truth, and that the statement was published to a third party.The plaintiff must also prove that the
falsehood played a material and substantial part in inducing one or more third
party not to deal with the plaintiff.
plaintiff may not recover for emotional distress or bodily harm under this
tort, but punitive damages are sometimes allowable.
The information contained on this page is provided as general
information and does not constitute legal advice.The experienced attorneys at Baldwin &
Briscoe, P.C. can assist you if you are involved in a defamation claim. Contact our office to schedule a no-obligation
consultation to review your rights.A
consultation fee may apply.
The Law Offices of Baldwin & Briscoe, P.C. also offers these
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