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Defaming Comments About Businesses


I’ve gotten some comments about the last blog on defamation, attached here, and my reference to whether or not comments could be treated as per se damaging. Apparently some people have been waiting by the computer, desperately hoping to find out these circumstances. Well, wait no longer friends. False publications of or concerning an individual or business are per se damaging if they allege that:
1. The Plaintiff committed an infamous crime;
2. Has an infectious disease;
3. Tends to impeach the plaintiff in his trade or profession;
4. Otherwise subjects the plaintiff to contempt or disgrace

Unless you are D.B. Cooper or Joran Van der Sloot, the most relevant here is likely the third entry, regarding trade or profession. So business owners, and anonymous internet posters, should be aware that postings on websites, message boards, or blogs that are false statements that tend to impeach someone’s trade or profession will be grounds for a defamation claim. The truth sets you free, but be sure you know you’re in the right before you “get something off your chest” about someone’s job performance on the internet.

Defamation cases are showing up more and more in courts today and both businesses and individuals need to be prepared. If you would like to discuss a potential defamation claim, please contact Maginnis Law, PLLC at 919.526.0450 for a consultation. Maginnis Law is a Raleigh, North Carolina business litigation firm who practices in Morrisville, Apex, Holly Springs, and the rest of Wake County, North Carolina. You can visit the Maginnis Law website at www.maginnislaw.com.

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