Also known as: special harms · special injury
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Economic loss or other material disadvantage caused by a defamatory publication. It is required to establish liability for slander that is not actionable per se.
Economic loss or other material disadvantage caused by a defamatory publication. It is required to establish liability for slander that is not actionable per se.
Select any source to read its text and confirm it supports the definition.
Harm of a different kind from that suffered by the general public. It gives a private plaintiff standing to recover damages or seek abatement of a public nuisance.
Select any source to read its text and confirm it supports the definition.
Harm of a different kind from that suffered by the general public. It gives a private plaintiff standing to recover damages or seek abatement of a public nuisance.
Each sense below has its own examples, sources, and questions.
Starlight Media prints a false article accusing Sabrina Shah of embezzlement. The article reaches her professional contacts. Sabrina sues for libel. The court holds Starlight Media liable even though Sabrina shows no economic loss from the publication.
Spencer Silver tells colleagues that Serena Soto stole client funds. The statement reaches several coworkers. Serena sues for slander. The court finds liability without proof of special harm because the statement imputes a criminal offense.
Sydney Santos tells neighbors that Stella Shapiro has a communicable venereal disease. The statement spreads through the community. Stella sues for slander. The court imposes liability without requiring proof of special harm.
A competitor tells clients that Sierra Santos lacks the skill to manage investment accounts. The statements reach several clients. Sierra sues for slander. The court finds liability without special harm because the statements attack her fitness for her profession.
Solstice Ventures publishes a false statement harming Sabrina Shah's reputation. Sabrina must prove the elements of her defamation claim. One required element is special harm resulting to her from the publication.
Stonehaven Properties spreads a defamatory statement about Spencer Silver. A third party repeats the statement to Silver's employer. Silver loses his job as a result. The court holds the original publisher liable for the special harm caused by the repetition.
A plaintiff must prove special harm for slander that is not actionable per se. Libel and the four categories of slander per se are actionable without proof of special harm.
Supporting sources
Special harm consists of a loss of presently existing advantage such as discharge from employment or failure to realize a reasonable expectation of gain such as denial of employment.
Supporting sources
Special harm refers to actual pecuniary loss. Once special harm is shown, the plaintiff may also recover general damages for injury to reputation and emotional distress.
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A private plaintiff has standing only upon a showing of special harm different in kind from that suffered by the general public.
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No. The plaintiff must suffer harm of a different kind, not merely a greater amount of the same inconvenience experienced by the public at large.
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…as actionable without proof of special damage or injury to reputation.[^maj-6] All other defamations would require proof of special injury in the form of material or pecuniary loss. Whether this asserted change reflected the prevailing law was heavily debated,[^maj-7] but it was unquestioned at the time that there are…