Defamation Attorney in Omaha, Nebraska
Defamation is a term used to describe a type of injury to a person's reputation caused by the publication of false or harmful statements. Defamation can take two forms: libel, which is a written or published defamation, and slander, which is an oral defamation. In order for a statement to be considered defamatory, it must be false, it must have been published to a third party, and it must have caused harm to the person's reputation.
In Nebraska, there are two main elements to a defamation claim: the first is that the statement must be false, and the second is that the statement must have been published to a third party. In order to prove that a statement is false, the plaintiff must show that the statement is not true and that the person making the statement either knew it was false or acted with reckless disregard for the truth.
The publication element of a defamation claim is satisfied when the statement is communicated to a third party. This means that the statement must be communicated to someone other than the plaintiff, and the person who made the statement must have intended or expected that the statement would be communicated to a third party. For example, if a person makes a defamatory statement to the plaintiff in a private conversation, there has not been publication because the statement was not communicated to a third party.
The final element of a defamation claim is that the statement must have caused harm to the plaintiff's reputation. This means that the plaintiff must show that the statement has damaged their reputation in the eyes of the community, and that they have suffered some sort of injury as a result. This can include damages to the plaintiff's personal or professional reputation, as well as damages to their emotional wellbeing.
Defenses to a defamation claim may include truth, privilege, and consent. If the defendant can prove that the statement at issue is true, they will not be liable for defamation because truth is a complete defense to a defamation claim. Privilege is a defense that applies to statements made in certain contexts, such as statements made in a judicial proceeding or in the course of a legislative proceeding. Finally, consent is a defense that applies when the plaintiff has consented to the publication of the statement at issue.
In summary, defamation is a type of injury to a person's reputation caused by the publication of false or harmful statements. If you have suffered damages from being defamed, give Joseph D Hall & Associates a call today.