Michigan Slander Explained
Slander in Michigan is primarily governed by the Michigan common law tradition and, to some extent, state statutes. Slander, a subset of defamation, is the spoken form of defamation, where false statements about a person’s character, business, or personal attributes are made to a third party, causing reputational damage to the one who has been slandered.
In Michigan, like in many jurisdictions, the distinction between slander and libel (the act of writing or publishing defamatory statements) can be somewhat blurry, as both involve false statements that harm an individual’s reputation. However, a significant difference is that slander is a "per se" tort, meaning that certain types of slanderous statements, by their nature, are presumed to cause injury to a person’s reputation . The four categories that Michigan Courts recognize as per se slanderous statements are that: (1) an individual has committed a crime; (2) an individual is loathsome or has a highly undesirable trait; (3) an individual has committed professional misconduct; and (4) an individual has a contagious disease.
Where a statement does not fall into one of these categories, or the statement is a matter of opinion, it may be subject to either a higher standard of proof or may be considered by Courts may to be non-actionable. In Michigan, as in most states, courts grant summary disposition where the evidence is so one-sided that a particular fact cannot be determined as a matter of law.
Elements of a Slander Claim
A plaintiff must be able to establish, at minimum, that the defendant made a false statement about him or her that was communicated to a third party, and that statement caused some type of harm. In determining whether or not a false statement was made and if it caused harm, Michigan law requires a plaintiff to show four elements:
- A statement was made;
- That statement was false in some way;
- The statement was communicated to a third party; and
- The plaintiff suffered damages as a result of the statement.
In Michigan, an individual cannot be held accountable in a defamation action without some evidence that he or she, through his or her own fault, committed the violation. This means that if a defendant made the alleged statements unknowingly, he or she will not necessarily be liable for slander.
If an employee makes a defamatory slanderous statement about another employee, the employer will not usually be held liable, as long as the employee is complying with company policy, has not acted outside the scope of his/her employment, and the defamatory statement does not affect the business of the employer. However, there are exceptions.
Another legal element of slander is the kind of damages suffered by the plaintiff. As opposed to libel, which generally requires that there is proof of special damages in order to recover, slander (as a false oral communication) is not considered actionable without such evidence. In other words, a plaintiff usually has to show proof that harm has been done to their business, reputation, etc. There are two types of damages in defamation actions:
1. Special damages, meaning that harm to the private reputation has been specifically proven; and
2. General damages, which can be assumed due to the nature of the actual defamation itself.
Slander Defenses
Understanding your options is crucial, as the burden of proof lies wholly with the plaintiff in any slander lawsuit. The defendant can assert defenses against the claim, arguing, for instance, that the statement in question was truthfully accurate rather than false, or that any defamatory speech occurred on a forum that was inaccessible to the general public. Some of the most common defenses and exceptions are outlined below:
Truth – A defendant need not apologize or retract a statement alleged to be slanderous if the statement was true. Truth is an absolute defense in defamation lawsuits. A defendant seeking to assert truth as a defense should have the courts seek extrinsic evidence of truth, such as documentary corroboration of accuracy.
Slander Per Se – Slander per se is speech that, by its very nature, is defamatory. Even though the words spoken may technically be true, they contain statements that would be injurious to a reputation. Slander per se includes:
Opinions – The First Amendment of the Constitution provides for free expression, whether in writing or speech. If the alleged defamatory speech is an opinion rather than a statement of fact, it is protected by constitutional safeguards against restraint. One example is when a speaker comments on a style of art, such as Van Gough:
Privilege – Privilege is an affirmative defense to a defamation claim. A person who makes a defamatory statement in a judicial proceeding is entitled to absolute immunity from liability if the defamatory statement is "relevant to the subject matter of the pending litigation."
Consent – The most direct way to ensure dismissal of a slander or other defamation lawsuit is to obtain the plaintiff’s consent for the dissemination of information to a third party.
Bringing a Slander Suit
If you have been defamed by false or misleading statements, the first step is to evaluate if you have a strong case against the alleged slanderer. In Michigan, you must consider the statute of frauds, the type of speaker and speech, and whether you’ve suffered damages as a result of the speech. Unlike many other states, all professions are open to slander lawsuits in Michigan. This means that an individual in any capacity can be sued for slander, except certain government entities and employees. If you are successful with your claim, you may be awarded damages which the courts determine should make you whole. This means compensating you for the loss suffered from the slander in terms of lost wages and emotional suffering. Once it is determined that you have a case, it is recommended that you reach out to an attorney for assistance. In the state of Michigan, there is a statute of limitations of 1 year for filing slander cases. This is your chance to build your case and act quickly before the statute runs out. While it might seem like a simple process to prove slander, the burden of proof can be high. It is advisable to seek representation if you are thinking about moving ahead with the case, as you might misstep and lose your chance at recovering the damages you deserve. Your attorney will likely advise you to send the person who made the defamatory statement a letter, informing them of the grievance. The letter must be sent within 6 months of the defamatory statement.
Latest Michigan Slander Case Examples
There have been a few notable cases in Michigan that have helped elucidate the scope of slander law. One example is Lewis v LeGrow, where the court examined the "of and concerning" element that is a key part of most slander actions. In this case, the defendants had accused a bank employee to the bank’s president with having committed a felony related to embezzlement. The circuit court had held that the statements were deemed to be "of and concerning" the employee, and a jury awarded him damages. However, the court also directed the jury to assume that the bank president relayed the defamatory statement to members of the bank’s board of directors.
On appeal, the defendants (the bank and the employee that made the statement to the president) argued that the statements were a mere suspicion and did not constitute slander. The Michigan Court of Appeals agreed that statements of suspicion do not necessarily rise to the level of slander. However, while a suspicion stated along with the facts can be protected speech, imbuing it with certainty pronounces definite doubt about a person’s honesty, honesty being a trait of character. Thus, as a result of the original statement, a committee was formed within the bank to investigate the allegations, thereby giving credibility to the statement that the circuit court did not believe existed. The appellate court decided that the former employee should not be bound by what the committee found out, because sufficient evidence exists that the committee did not have any bearing on the decision to terminate him.
Another notable case is Duran v Detroit News, Inc . , where the Michigan Court of Appeals refused to strictly apply the common law rule and instead adopted a more balanced approach by considering applicable factors (whether the allegations could be "substantially true," for example). The factual circumstances in Duran saw a woman interviewed by a news organization concerning suspected ongoing payments to an ex-mayor, and she denied any knowledge of any wrongdoing. The article published by the News, however, allegedly suggested that the woman had knowledge of an earlier incident where money was allegedly paid to settle a lawsuit that was considered as "hush money" and that the lawsuit was hidden from the new mayor. The plaintiff, who was the former secretary-treasurer of the city council, was a named defendant in the lawsuit that was later settled and dismissed. The plaintiff’s denial of any wrongdoing was explicitly included in the article. The plaintiff alleged in particular that it was defamatory per se that the publication accused her of concealing relevant information from the Mayor.
The Michigan Court of Appeals (in reversing an entry of summary judgment) held that the trial court had improperly determined that the article was a fair and true report of a judicial proceeding, and also that the article lacked the required fair and impartial reporting on the proceedings issue. Instead, by calling the defendant’s alleged participation in the scandal a "cover-up," it was clearly accusing her of wrongdoing. The Court also acknowledged that although the statements were "fair and accurate renditions" of what was in the court transcript at the time, they could be proven false based on what the plaintiff had alleged at that pre-trial stage.
Slander Effects and Damages
Being accused or found guilty of slander can have severe consequences, both legally and personally. In Michigan, a successful action for slander allows the victim to collect compensatory damages for economic losses suffered as a result of the defamatory statements. In addition to these damages, Michigan Courts allow for the recovery of damages for the emotional distress that occurs after suffering from slanderous statements. On the flip side, someone found guilty of slander may be subject to punitive damages in addition to the normal compensatory damages. These punitive damages are often awards meant to punish the guilty party for their actions and discourage future behavior. A successful plaintiff in a Michigan Slander trial may seek to have the guilty party pay their legal fees and other costs incurred in connection with the action for slander. Additionally, if the trial is of such a nature, the court may even require the guilty party to publish a public retraction of the statements in question.
How To Respond To A Slander Statement
Even if you did not actually commit slander, you could still find yourself facing some real challenges. While proving that the statement was untrue and not made with malice are the necessary elements of your defense, the accusations may not disappear even if you win in your slander case. Here are some things that you can do to protect yourself from these issues: Being mindful of what you say and how you say it helps! Perhaps a business partner makes a backdoor deal with a customer. You might be worried that he will betray you. You share your concerns with a colleague. Following that discussion, the colleague shares that news with the owner of the company. While your fears may be completely valid, you may have just provided a basis for a slander lawsuit. Instead of risking potential liability, try to find out if there’s any merit to the rumor before you circulate it. It’s better to wait until you have confirmed evidence than to risk your reputation on half-truths or misinformation. It’s easy to get wrapped up in the day-to-day grind of working toward the success of your company. However, you need to remember that anything you post online could become permanent at some point. It’s especially important to remember this when you’re posting to a public forum or forum in which you don’t know the readership well and shouldn’t expect that they will keep what you say in confidence. Just ask Janet Jackson. That incident was reported throughout news media and became a national conversation that continued for months. And they had the financial resources to fight it. Most individuals don’t have those kinds of funds, so you probably want to think twice about putting something in writing that’s potentially slanderous. The same applies to comments that you make in person, in writing or via text. It’s better to be a bit more circumspect than to wind up getting sued for slander. Slander damages are just one way that a court might punish you for slanderous statements. If the plaintiff collects compensatory or punitive damages, other consequences might follow. It might be difficult or impossible to get insurance coverage for these damages, so you might have to pay them out of pocket. If they happen to be a lot of money, this could do a lot of financial damage to the business. Even if the plaintiff doesn’t receive monetary damages, the case can still become public knowledge, which is never good for business. The best way to avoid all the problems that can result from a slander claim is to keep your mouth shut. Tell only people who need to know otherwise. Also, assume that anything you write now other people will eventually read. You have to think about that and evaluate whether what you might say could bring the burden of a slander lawsuit to your door.
Getting Help With Your Slander Case
It is critical to understand the laws of defamation, particularly when it comes to seeking legal counsel for this type of legal claim. Not only do you have to prove that the other party was at fault in some way, you also need to demonstrate the level of impact the slanderous statement has had on you or your business. One thing to keep in mind is that because of the nature of slander, it is more difficult to prove than libel, which is essentially a written form of defamation that is easier to provide evidence and examples of; with slander , you essentially need to have eyewitnesses or recordings of the defamatory statements to support your claim. When looking for an attorney to support your claim against someone, there are several things that you should keep in mind. Some things to look for include: If you think that you have been a victim of slander and are looking to speak with an attorney, contact an experienced slander attorney who specializes in defamation and slander claims.