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How Defamation Can Affect the Horse Industry

John is a professional horse trainer. For years, his students won
numerous championships. Maddie, who was new to the horse training business, was struggling to attract clients. One day, desperate to develop business, Maddie made up a nasty rumor that John abused his horses and administered performance altering drugs. Maddie knew that none of this was true. As time went on, the rumor spread through the industry. John's customers slowly left his barn, and many of them headed over to Maddie's barn. Does John have a case against Maddie?

Yes. John not only appears to have a case against Maddie for slander, he
may have other grounds to sue her, as well. This article briefly discusses
the law of defamation.

What are Slander and Libel?

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Slander and libel fall into a category of the law known as "defamation."
A defamatory communication is a false communication that tends to lower a
person's reputation in the community or deter others from associating with
that person. Slander is generally understood to involve spoken words, and
libel generally involves written words.

A lawsuit for defamation typically involves these elements: (1) a false
or defamatory statement (2) concerning the plaintiff (the one injured by the
defamatory communication) (3) that was actually seen or heard by third persons
(4) there was no legally-recognized privilege under which the statement was
made and (4) the statement at issue has a tendency to harm the defamed
person's reputation.

Who is a Target for a Defamation Lawsuit?

Everyone connected with uttering or publishing a defamatory statement has
the potential to be sued for defamation -- but within legally-established
limits. Those at risk include (but are not limited to) the one who made the
statement, a television news station, or a magazine publisher.

What Defenses Are Available?

Truth. In any defamation lawsuit, truth is widely recognized as an
absolute defense.

Consent. If the defamed person somehow consented to the complained-of
communication, this might furnish the basis for a defense.

Privilege. The law regarding privilege can be very complex, and many
types of communications could qualify as being privileged. Privileges may apply, for example, to statements made in court by lawyers, judges, and witnesses that are reasonably relevant to the legal proceedings. Privileges may also apply to statements made in legislative proceedings. Sometimes, statements made without malice to appropriate law enforcement agencies can be privileged; this might be the case if Maddie had legitimately and in good faith notified the police that she personally witnessed John doing things that appeared to run afoul of anti-cruelty laws.

First Amendment. Constitutional rights of free speech will not
necessarily protect those who defame others. The law recognizes that limits
exist.

Public Figure. Where a public figure is involved, the grounds for a
defamation case become complicated. The classic public figure is a celebrity, athlete, politician, or another of that stature, but the definition can be much broader and more complex. If the defamed person legally qualifies as a public
figure, a misstatement made honestly and in good faith will typically not
support a case. Rather, the public figure must prove that the defaming party
acted with "malice." Malice essentially means that the one making the
statement knew it was false when it was made or that he or she had serious
doubts about the truth of the statement.

Opinion. Could Maddie insulate herself from liability for slander by
telling others: "John abuses his horses and drugs them illegally, in my
opinion"? Not always. In some states, statements of opinion, when they
include facts that can later be evaluated and proven false (such as Maddie’s
facts that John abuses and drugs horses), might actually support defamation.

Statute of Limitations. State statutes, known as the statute of
limitations, may severely limit the time in which a lawsuit can be filed for
defamation. A lawsuit filed too late, regardless of how meritorious it may
seem, risks dismissal for this reason.

Damages
As a general matter, the defamed person need not prove actual monetary
loss if the defamatory statements fit within any of these categories:

* If the complained-of statements attribute the commission of a crime
(particularly one involving moral turpitude) to the defamed person.

* If the complained-of statements attribute to the defamed person a disease
considered "loathsome."

* If the complained-of statements accuse the defamed person of highly
inappropriate conduct in his or her business or profession.

* If the complained-of statements accuse a person of being "unchaste."

In the example at the beginning of this article, because the slander at issue
falls into at least one of the above categories, John will likely not be
required to prove a financial or material loss, such as a loss of his
customers, from Maddie’s statements. In this type of setting, many states
allow a person who can prove defamation to recover at least a nominal sum from the wrongdoer.

Conclusion

In conclusion, please keep these ideas in mind:
1. Liability for slander or libel exists when certain statements are
uttered or published to others. Therefore, if Maddie should call John a crook -- while nobody else is around -- John has no case, even if Maddie's statements were lies.

2. Because the statute of limitations for defamation matters can be
very short, those who wish to pursue a defamation case would be wise to
consult with an attorney quickly.

3. If somebody defames a horse, can the horse's owner sue for slander
or libel on the horse’s behalf? Probably not, because the horse is not a
living human. Typically, defamation laws are designed to protect living
humans.

4. The law of defamation can be very complex. Many states have
statutes on the books that address defamation, and the law continues to change. Also, people who believe they were defamed could have grounds to pursue several legal other theories against responsible parties, such as disparagement, invasion of privacy, intentional interference with business or contract relationships, and more.

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