Defamation Defamation is an insult to a person's reputation by perpetrating a falsehood that harms the person's standing in the community. Generally defamation can take two forms, though the distinction between the two is becoming blurred. Slander is defamation by spoken word, and libel is defamation by written word. In order for a defamation suit to prevail in court, the defamed person must satisfy five conditions. Discretion is the best protection from claims of defamation.
Any person is able to sue another for injuries sustained in an accident.
The injured person must prove that the other person was negligent and therefore is legally responsible for damages. For the injured person to prevail in court, the negligence action must meet four criteria. The first is that there is a legal duty for the defendant to have done or not done something to prevent the accident. Simply put, persons must behave in a way so as not to cause injury to others. The second criteria requires that the defendant has breached the duty in some manner.