Birmingham Injury Blog

We are often asked if someone can be sued for defamation. Or what is the difference between libel and slander and defamation.

We hope this short blog posts answers these questions by providing a simple overview of the law.

Defamation encompasses libel and slander. Normally we think of libel as "written defamation" and slander as "spoken defamation."

For either form of defamation, here is what is needed:

Publication
Defamatory statement
Specific to Plaintiff
Intentional

Here's the quick breakdown of each of these:

Publication
The statement must not have been only made to Plaintiff (injured party) but must have been made to others. Thus, there is no law against saying untrue things about someone if you only say that to the person.

Its when that false statement is told to others that we have this element of "Publication" present.

Defamatory Statement
The basic idea is a false statement that a reasonable third party (i.e. someone other than the Plaintiff) understands to be damaging to the reputation of the Plaintiff.

The words are judged according to their natural (normal) effect upon the mind of the person who hears or reads the words.

Specific to Plaintiff
The false statement has to be specific enough to let the third party know it is likely directed at the Plaintiff - not just a vague statement that could include anyone or everyone.

Intentional
This means the Defendant intended to say or write this false statement that has been published and is about the Plaintiff and not someone else.

We hope this overview of Defamation in Alabama has been helpful and we will follow this up with other posts that go into Defamation in more detail.

If you have any questions, please feel free to call us at 205-879-2447.

We look forward to hearing from you.

John Watts
Birmingham, Alabama

This is similar to contributory negligence and is also a favorite of defendants who are sued in Alabama for negligence.

The basic idea is if you, as the injured plaintiff, do the following:

1. See a dangerous condition;
2. Appreciate the danger of it; but yet
3. Put yourself in that dangerous condition anyway

Then the defendant will argue you are not entitled to recover any money because you "assumed the risk" of the injury.

We'll talk more about this but this gives you the overview of this defense.

Please call me at 205-879-2447 if you have any questions regarding this defense.

John Watts
Birmingham, Alabama

In virtually every Alabama automobile accident case, the defendant will raise the defense of "contributory negligence" which simply means the defendant is claiming that you are guilty of negligence that contributed even 1% to the wreck. If that is true, then the normal outcome is you will lose your case.

In this video we discuss an overview of this law and in future videos we will explore it in more detail.

If you have any questions, please call me at 205-879-2447.

Best wishes

John Watts
Birmingham, Alabama

In this video we discuss an overview of the law that applies to auto accidents - and that is "negligence".

Negligence is when the defendant that hit your car or truck did not act reasonably under the circumstances.

If you have any questions, please feel free to contact us at 205-879-2447 or through the sign up form on this blog.