If someone has said something harmful about you or your business, you may have a slander or libel claim against that person.
Communications are defamatory if they “harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” Swenson-Davis v. Martel, 135 Mich. App. 632, 354 N.W.2d 288 (Mich. Ct. App. 1984). Within the definition of defamation, “slander or libel per se exists when the words spoken or written are false and malicious and are injurious to a person in his or her profession or employment.” Id.
An action for libel or slander is brought under MCL 600.2911, which states that: “Words imputing a lack of chastity to any female or male are actionable in themselves and subject the person who uttered or published them to a civil action for the slander in the same manner as the uttering or publishing of words imputing the commission of a criminal offense.”
Elements that must be proven in an action for defamation are:
“(1) a false and defamatory statement concerning the plaintiff,
(2) an unprivileged publication to a third party,
(3) fault amounting at least to negligence on the part of the publisher, and
(4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication.”
Sawabini v. Desenberg, 143 Mich. App. 373, 372 N.W.2d 559 (Mich. Ct. App. 1985).
Consulting an attorney about your possible libel or slander case may be helpful to determine next steps in bringing a claim.