Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Is the following information accurate?: There are a few types

Is the following information accurate?: There...
Is the following information accurate?:
There are a few types of statements that are, by their nature, presumed to damage a person’s reputation. This is called "slander per se". These classes of statements are considered so harmful to a person’s reputation, that monetary damages are presumed. In such cases, the victim of the slander does not need to prove specific damages, just that the statements were made. There are 4 types of statements that constitute slander per se:

1. A statement that a person has committed a major crime
2. Statements that a person has a "loathsome disease". This could include any disease which is serious and highly contagious. Modernly, it would probably also include sexually transmitted diseases.
3. A statement that a person is incompetent at their business or profession. This might include a statement that a soldier is cowardly, or that a lawyer is illiterate.
4. Statements of serious sexual misconduct. A public statement that someone engages in sexual behaviors that are generally considered perverse would fall into this category. It would probably vary between communities, based on their moral standards. A clear example that would apply in virtually any community is a statement that someone is a pedophile.

In a lawsuit for slander per se, all a plaintiff needs to prove is that the statements were made, and not that he or she suffered direct harm as a result. The statements themselves are considered to be the harm.
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
4/28/2013
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,323
Experience: Began practicing law in 1992
Verified

JD 1992 :

Kind of. There are certain statements that could be "slander per se" but I think the courts are much less accepting of them now. Regardless, you would still have to prove damages. The court may presume that a statement is slanderous and harmful but the damages would still have to be proved.

JD 1992 :

There is a case back in 2005 that discusses slander per se at http://scholar.google.com/scholar_case?case=16440043051928602134&q=%22slander+per+se%22&hl=en&as_sdt=4,44

Customer:

The statement claims that a slander per se does not have to be proved.

Customer:

I copied this from a legal Web site.

JD 1992 :

No, that's incorrect. You still have to prove various elements including the amount of your damages.

JD 1992 :

At least in Texas.

JD 1992 :

Slander per se is a very old concept that I suspect will not be around twenty years from now.

JD 1992 :

I think what may be confusing you is that the law may presume harm and damages, but not a specific amount of harm and damages. Proving the value is still up to the person bringing the lawsuit.

Customer:

In my case the proof is easy. This particular individual is a security guard at a local gated community that my company services. He told me directly that he is warning everybody about me that drives though the gate. The people he is telling me that he is warning are the homeowners of the community I service. He is causing damage to my business and possibly irreparable damage. His problem with me that he has expressed, is that when I drive by his security building he does not have time to write down my license plate number. It seems to me his admission of him warning the residents is admission of slander..

JD 1992 :

What is he warning them about?

Customer:

He did not make it clear considering all he said is that I am "zipping past his security facility without giving him time to write down my license plate number". I was like you regarding the confusing as to what he is telling the residents. I would assume from what he has told him is that I am a danger to the community because of my speeding. I really don't know exactly what he is saying. He was very angry at the time and could be just trying to scare me.

Customer:

I mean confusion, darn spell check LOL

JD 1992 :

I don't think that is going to be slander per se. If you read that case I gave you the link to it goes into what is regarded as slander per se and what is not.

JD 1992 :

If you don't get to slander per se then you don't have a presumption of harm and have to prove that as well as the amount of damages. In that case they mention someone being called a "crook" and state that is not per se.

Customer:

Would this be worth taking to a lawyer, and at least having him write a letter to the security company regarding the actions of the security guard and let them know that the company could possibly be liable in the future if the action of this security guard continues as is? I personally feel that if he is doing this to me, he is doing this to other service vendors that may own family business as I do and he could hurt them. I am sure there are other more appropriate ways to report a vendor that are built into his job description that taking it own his own to destroy their reputation.

JD 1992 :

Sure, you could have the lawyer send him a cease and desist letter as well as to the security company.

Customer:

This also is not fair to the security company. I have attempted to contact the owner multiple times regarding this security guard and he refuses to talk to me.

JD 1992 :

Then if he continued you could prove ill will on his part and it would reinforce any case that you might file later.

Customer:

Thank you very much. A cease and desist letter is a great idea. This has never been about monetary compensation for me. It has been about making things fair to the other hard working vendors along with myself. I appreciate that idea.

JD 1992 :

Glad to help. That is the best way to handle it and will almost certainly work.

JD 1992 :

Some Rent A Cops often have a very large chip on their shoulder for some reason.

Customer:

Yes, I agree. Thank you again. I know and that big head they develop entered my mind. This may also help him to be a better security guard and consider that his words could actually get him in trouble if he continues and it will help the security company to understand what is going on with this guy.

JD 1992 :

I think you are correct. Let me know if I can be of any more help in the future. If you start a new question and want me to answer it just begin it with FOR JD 1992 and I will pick up when I see it. I am online almost every day for at least a few minutes.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.



However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,323
Experience: Began practicing law in 1992
Verified
Dwayne B. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


Since you are aware of what is going on. I assume that you have a law firm. How much would you charge is I go through your firm, to write a cease and desist letter? Would the letter also need to go to the HOA in the community that is paying for the services of the security company?

Unfortunately the website expressly forbids any experts on here from taking any work that originates from the site. That is actually a good policy because it makes sure that no unscrupulous types give half answers to try and get business. You should be able to find a local lawyer that will send the letter for you with no problem.

I probably wouldn't send the letter to the HOA just yet. They tend to get real stubborn and you could end up having to sue them whereas if you just send it to the security company they will probably just shut the guard up rather than risk a lawsuit since it directly affects their profits.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,323
Experience: Began practicing law in 1992
Verified
Dwayne B. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,323
34,323 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am a member of an MLM company. They have changed a policy
I am a member of an MLM company. They have changed a policy about the return process. I submitted a resignation two weeks ago. Am I held to this new policy or do they need to honor the former policy t… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife passed and on her policy she didn't have a
My wife passed and on her policy she didn't have a beneficiary and didn't live a will. How do I go about being over the estate … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I have both a homeowners insurance policy that covers damage
I have both a homeowners insurance policy that covers damage to our home with a $1000.00 deductible and a home warranty policy with a $1000.00 maximum for plumbing incidents. We had a slab leak (plumb… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
My home insurance policy re: full replacement cost. Language
My home insurance policy re: full replacement cost. Language was confusing so I had some words with agent who got mad and told me to go shoping. So I did. On potential new agents screen it said my cur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am sold a insurance policy and I have a copy of the letter
Second opinion] I am sold a insurance policy and I have a copy of the letter of confirmation, the certificate of insurance, when claimed form is submitted I am told I was not sold the amount of insura… read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers
Is there ever a med pay deductible on a homeowners policy?
Is there ever a med pay deductible on a homeowners policy? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
If public policy bars a plaintiff from recovering on a
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
HO2 and Wind policies in place and premiums paid with Trust
HO2 and Wind policies in place and premiums paid with Trust as named insured. Deed recorded in FL naming three co-partners/equal shares. Insurance carriers require new application for each policy. How… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
My mother has a insurance policy that matured in 2007 and
my mother has a insurance policy that matured in 2007 and cant ins. to tell us anything what should we do. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,389 satisfied customers
I bought an insurance policy and one of the statements in
Hello, I bought an insurance policy and one of the statements in the policy make me think the policy is not valid. "This policy is written by an unauthorized insurer and is not subject to the filing o… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x