What Is Defamation Per Se?
In a standard defamation case, the plaintiff must prove that the defendant's false statement actually caused them financial harm (lost clients, lost income, lost business deals). In a defamation per se case, certain categories of false statements are considered so inherently destructive that the law presumes the plaintiff suffered damages.
The Four Categories
Florida recognizes four categories of statements that constitute defamation per se:
- False Accusation of a Crime — Falsely stating that a real estate developer committed mortgage fraud, embezzlement, or bribery.
- False Accusation of a Loathsome Disease — An archaic category that is rarely litigated in modern real estate disputes.
- False Accusation of Sexual Misconduct — Falsely accusing a business professional of sexual harassment or assault.
- Statements Harmful to One's Business or Profession — This is the category most relevant to real estate. Falsely stating that a contractor uses substandard materials, that a real estate agent is under investigation for fraud, or that a developer is bankrupt can devastate their professional reputation and livelihood.
Real Estate Applications
- A competing developer posts online reviews falsely claiming a rival's buildings have construction defects and code violations.
- A disgruntled tenant tells prospective buyers that the landlord is under FBI investigation for fraud (when no investigation exists).
- An anonymous social media account falsely claims a title company stole escrow funds.
In each of these scenarios, the victim does not need to prove they lost a specific deal. The law presumes the false statement caused harm, and the jury can award both compensatory and punitive damages.
Related Terms
- Damages — Presumed in defamation per se without proof of actual financial loss
- Fraud — A false accusation of fraud is classic defamation per se
- Injunction — A court order to stop ongoing defamatory statements
Barnes Walker Defamation Litigation
Barnes Walker's litigators aggressively pursue defamation per se claims on behalf of Florida real estate professionals, developers, and businesses whose reputations have been destroyed by false accusations, seeking presumed damages, punitive damages, and injunctive relief. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC