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Libel: Harm

The heart of a libel suit is the claim that the plaintiff's reputation was injured. In some states, harm does not need to be shown if the statements in question concern a criminal offense, a loathsome disease, a female's unchastity, or matters harming a person's business, trade, profession or office. When any of these types of statements is involved, damage to the plaintiff's reputation is presumed.

In most states, damage to reputation also is presumed when accusations of fraud, incompetence or improper behavior are made about business or professional people.

If the defamatory nature of the statements can be proven only by introducing facts that were not published as part of the original statements, a plaintiff usually must prove a monetary loss as a result of the publication to recover damages.

Next section: Libel: Fault