Defamation Primer

I resolved a defamation claim at mediation last year. Our client received over $100,000 in the settlement, which is both a great result and highly unusual.  This year (early 2017), I'm seeing an influx of inquiries with stories of false inflammatory statements.  Not sure why, but it's happening.  

​Defamation cases are pretty rare, but since the phone is ringing, I thought a quick primer on the law of defamation in Washington State is in order.  

In Washington, a defamation plaintiff must establish four elements to recover monetary damages:  

1. Falsity - the published statement was false;
2. An unprivileged communication;  
3. Fault (negligence if a private plaintiff and, if a public figure or public official, "actual malice" knowledge of falsity or reckless disregard of the truth or falsity) ; and
4. Damages - the defamatory statement caused economic injury of some kind.

Contact Mark D. Walters