February 18, 2021
One of the most important assets of any business is the business’ reputation in the community-at-large. In fact, damage to the reputation of a company can lead to serious customer and profit loss. When a person or business entity makes a statement about another business entity that is false and/or damaging, the owner of the affected business has legal rights that he or she may be in a position to assert.
Business defamation lawsuits and litigation in the State of Michigan can be complicated. Birmingham business defamation lawyer Maxwell Goss of Maxwell Goss Law can assist you with your defamation case and can represent you at any court proceedings that take place. Give us a call today to learn more about how we can assist you with your business defamation dispute.
Defamation laws vary from state to state. Generally speaking, in order for a statement about a business to qualify as defamatory, the statement must not be true. In addition, the false statement must be published – or made either verbally or in writing to a third party. Finally, the defamatory statement must result in some type of financial harm or damage to the affected business.
In order to prove a defamation case, the affected business must be able to demonstrate, based upon certain objective evidence, that the statement at issue was not true. An example of a defamatory statement is if one business makes a false statement to a third party that another business discriminates on the basis of race or gender when hiring its employees. It is important to keep in mind that a valid defense to defamation is that the statement at issue is true.
In order for a statement about a business to qualify as defamatory, the statement must be published. In other words, the statement must be made to one or more third parties (individuals or business entities). Publication can take several different forms. On the one hand, the defamatory statement may be published in writing, such as on an internet web page or in the newspaper or some other periodical. Alternatively, the defamatory statement may be made verbally to some third party.
In addition to proving that the statement at issue is false – and that it was published to a third party either orally or in writing – the business owner must show that the statement brought damage to the business directly and/or to the business’ reputation. A false and defamatory statement about a business may lead to financial losses resulting from fewer customers.
For more information, contact us today, I look forward to speaking with you.
February 18, 2021
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