Legal Definitions - slander per se

Slander per se refers to a specific category of spoken defamation where the false statement is considered so inherently damaging to a person's reputation that the law automatically presumes harm, even without the defamed individual having to prove specific financial losses. This means that if someone makes a statement that falls into one of the recognized categories of slander per se, the person who was slandered does not need to demonstrate actual monetary damage to bring a lawsuit for defamation.

Statements typically considered slander per se include false accusations of:

• Committing a serious crime.
• Having a loathsome disease.
• Professional incompetence or misconduct that harms one's business or profession.
• Serious sexual misconduct.

Here are some examples illustrating slander per se:

• Example 1: False Accusation of Professional Misconduct

  During a public meeting, a disgruntled former employee falsely states that a local restaurant owner has been intentionally serving expired food to customers, knowing it could cause illness. This statement, made to a group of potential patrons, directly attacks the restaurant owner's professional integrity and business practices.

  How it illustrates slander per se: Accusing a business owner of intentionally endangering customers' health through their professional conduct is slander per se. The statement is so damaging to their professional reputation and business that the law presumes harm, even if the owner cannot immediately point to specific lost sales or customers. The inherent nature of the accusation is enough to establish presumed damages.

• Example 2: False Accusation of a Serious Crime

  At a neighborhood barbecue, one guest loudly and falsely tells several others that another guest, a respected community volunteer, was recently arrested for embezzlement from a local charity.

  How it illustrates slander per se: Falsely accusing someone of committing a serious crime like embezzlement is a classic example of slander per se. Such an accusation is inherently damaging to a person's reputation, social standing, and trustworthiness. The law presumes that such a statement causes harm without the volunteer needing to prove they lost specific opportunities or suffered direct financial losses as a result of the rumor.

• Example 3: False Accusation of a Loathsome Disease

  A former acquaintance, out of spite, spreads a rumor among a person's social circle that the individual has a highly contagious and stigmatized sexually transmitted infection, knowing this to be untrue.

  How it illustrates slander per se: Falsely accusing someone of having a "loathsome disease" (a category that has evolved but often includes serious, stigmatized, and communicable illnesses) is considered slander per se. Such a statement is inherently damaging to a person's social reputation and personal relationships, leading to presumed harm without the need to show specific financial or social losses.