The Elements for a Claim of Defamation Per Se in Nevada

In Nevada, the elements for a claim of defamation per se are:

  1. Defendants, and each of them, made at least one false statement of fact to a third party concerning Plaintiff (each a “Defamatory Statement”);
  2. Each Defamatory Statement constitutes a non-privileged publication to a third party;
  3. [ALTERNATIVE] Defendants, and each of them, made at least one false and Defamatory Statement of fact to a third party that Plaintiff contracted a loathsome disease;
  4. [ALTERNATIVE] Defendants, and each of them, made at least one false and Defamatory Statement to a third party that Plaintiff was unchaste;
  5. [ALTERNATIVE] Defendants, and each of them, made at least one false and Defamatory Statement to a third party that would tend to injure the Plaintiff in [ITS/HIS/HER] trade, business, profession, or office;
  6. [ALTERNATIVE] Defendants, and each of them, made at least one false and Defamatory Statement to a third party that Plaintiff lacks fitness for a particular business or profession;
  7. [ALTERNATIVE] Defendants, and each of them, made at least one false and Defamatory Statement to a third party that Plaintiff committed sexual assault;
  8. Defendants either knew each Defamatory Statement was false and that Defendants defamed Plaintiff, acted in reckless disregard of the truth, or acted negligently in failing to ascertain the truth;
  9. Plaintiff has suffered damages;
  10. Plaintiff is entitled to an award of punitive damages; and
  11. Plaintiff is entitled to an award of attorney fees and costs as damages.

To constitute defamation per se, the statement must fall into one of four categories: “(1) that the plaintiff committed a crime; (2) that the plaintiff has contracted a loathsome disease; (3) that a woman is unchaste; or, (4) the allegation must be one which would tend to injure the plaintiff in his or her trade, business, profession or office.”  Nev. Indep. Broad. Corp., 99 Nev. 404, 409, 664 P.2d 337, 341.  Additionally, the defamatory comments must imply a “habitual course of similar conduct, or the want of the qualities or skill that the public is reasonably entitled to expect.”  See Restatement (Second) of Torts § 573 cmt. d (1977).  With per se liability, the plaintiff is entitled to presumed, general damages.  Nev. Indep. Broad., 99 Nev. 404, 409, 664 P.2d 337, 341.  If the defamation tends to injure the plaintiff in his or her business or profession, it is deemed defamation per se, and damages will be presumed. Chowdhry v. NLVH, Inc., 109 Nev. 478, 483, 851 P.2d 459,462 (1993); see also Nev. Ind. Broad. v. Allen, 99 Nev. 404, 409, 664 P.2d 337, 341 (1983); Carey v. Piphus, 435 U.S. 247, 262 n.18, 98 Sup.Ct. 1042, 1052 n.18, (U.S. 1978); Fallon Min. Co., Inc. v. Caddell, 77 Fed. Appx. 416, 9th Cir. (2003); Bonjovi v. Sullivan, 122 Nev. 556, 138 P.3d 433 (Nev. 2006); Burns v. Mayer, 175 F. Supp. 2d 1259 (D. Nev. 2001); Switzer v. Rivera, 174 F. Supp. 2d 1097 (D. Nev. 2001); Branda v. Sanford, 97 Nev. 643, 646, 637 P.2d 1223, 1225 (1981); Williams v. Univ. Med. Ctr. So. Nev., 688 F. Supp. 2d 1134 (D. Nev. 2010); W. Page Keeton, et al Prosser & Keaton On the Law of Torts § 112, at 788 (5th Ed. 1984).

See elements for other claims at the Nevada Law Library

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