Florida Defamation Lawsuit

Despite months after the jury acquitted her of murder charges for her 2-year-old daughter Caylee, Casey Anthony’s legal troubles are far from over. In 2008, Zenaida Gonzalez filed a defamation lawsuit against Anthony, however, it was halted and has recently resumed. Gonzalez was recently deposed and portions of her video deposition have been released to the public. Anthony however has invoked her 5^th Amendment right against self- incrimination during her initial deposition. According to the Orlando Sentinel, Gonzalez has claimed Anthony ruined her reputation when she (Anthony) informed detectives that a babysitter with the same name kidnapped her daughter Caylee during the summer of 2008. In order for Gonzalez to win in her Florida defamation lawsuit, under Florida law, the plaintiff would need to establish the defendant made a false publication of a statement about the plaintiff which was published to a third party and as a result, the plaintiff was harmed.

Defamation is one of the areas of tort law which originated under the common law. Even with some modifications by the United States Supreme Court, for example First Amendment constitutional considerations, defamation under the common law are still relevant in today’s Florida tort law. Additionally, as being reported by the Orlando Sentinel, Gonzalez has professed she has experienced “emotional pain and suffering” that was caused by Anthony.

Whether or not Gonzalez succeeds in her defamation suit, will depend upon a number of factors. Also, she must prove that Anthony intentionally or negligently made the statement about her personally to the detectives. It may be challenging for Gonzalez to establish that Anthony identified her as the babysitter during Anthony's statements to the detectives. Moreover, in a defamation action, it is important to assess whether or not a false statement is libelous or slanderous. A Miami defamation attorney often works with clients who have had false statements which were published in a written (libel) or an oral (slander) manner. Usually, the issue of negligence becomes relevant when a defendant has communicated directly to the plaintiff, but some third party has overheard the communication.

Because defamation law is very complicated, it is always advantageous for a potential plaintiff to seek counsel of a Miami personal injury attorney.  There are many circumstances in which a defendant could be liable for making false statements about another, including in a workplace environment. For example, under Florida law, employers can be held liable for defamation, or defamation of character, by making a defamatory statement about a former employee during a background reference check. Similarly, individuals can be held liable for defamation when they repeat a statement which is defamatory.

Basically, defamation law works to protect an individual’s reputation and imposes civil penalties when that interest has become invaded. If you believed that you have been defamed, or your reputation has been attacked, or you have been injured because of a defamatory statement, speaking with an Miami defamation lawyer can help you understand your legal rights and all of the remedies which may be available.

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