As the situation, brought about by actions of Bath Community Hospital's Board of Directors and CEO continues to deteriorate, words like slander, libel and defamation are being tossed around.
Sadly, mostmany of the speakers don't seem as to have the first clue about what defamation is and is not.
Some people also appear to be threatening others with lawsuits over supposed defamation. Sadly, again, the people yelling lawsuit don't appear to know what the law does -- and does not say.
Sure, anyone can sue anyone at anytime for just about anything. But in order for a defamation lawsuit to be successful, there's some things a person needs to know.
Things continue to heat up in my hometown of Hot Springs, Virginia.
Apparently twice in the past week, individuals have been told they better watch what they say because they can be sued for defamation.
Well, the people making these statements are only trying to intimidate the citizens of Bath County, where Hot Springs is situated, into keeping quiet and shutting their mouths.
The sad part is too many citizens are caving in to the intimidation and belieiving anything they’re told in this corner of the law.
Libel and slander fall into the category of defamation. The legal definition, under common law, is a claim that is generally known to be false and is made to a person other than the person defamed.
Defamation is broken into two categories, libel and slander.
Slander is spoken defamation and libel is printed words or images.
Proof
Several indicators have to be occuring in order for someone to prove that slander and/or libel have happened.
In America, in the case of an ordinary citizen, the individual defamed must prove that the statement was false, caused him or her harm and was made without sufficient research into the truthfulness of the statement.
For individuals who are celebrities or public officials, basically anyone in the public eye, things are handled differently.
These people will have a more difficult time bringing a successful lawsuit for defamation. Why? People in the public eye enjoy the lowest form of legal protection against defamation because of their, often perceived, influence and position within society.
People in the public eye still have to prove the first three criteria, but then the individual has to prove that the statement was made with the actual intent to do harm or with "reckless disregard" for the truth, a requirement usually referred to as "proving malice."
Famous Cases
Many celebrities pay PR firms to get their names into the news. Most make it into the headlines for showing off their wealth and success. Nothing gets the publics' attention though, as when a celebrity is caught trying to cover their tracks.
Gossip columns live up to their name and when a celebrity becomes the subject of false rumors, their first step is usually to get in touch with a good lawyer.
Celebrity defamation cases are common and there are many to choose from, making it difficult to focus on just a few.
Here are some classic examples of celebrities seeking compensation for being libeled or slandered -- or both.
1. Cameron Diaz
The British Sun newspaper hinted that Diaz had experienced an affair with Shane Nickerson, a close friend. When the article was released, she and Nickerson had partners and the blurry and hardly recognizable imaged posted with the article caused damage to both relationships and Diaz sued for defamation. No one is sure of the amount of money Diaz was awarded, the case was ordered sealed.
2. Kiera Knightley
The Daily Mail published accusations that Knightley had an eating disorder and had been responsible for the death of a young lady with anorexia. Knightley went to court and was awarded several thousand dollars which she handed over to a charity which focused on eating disorders.
3.Sharon Stone
A plastic surgeon in Los Angeles, Renato Calabria, let two US magazines know that Stone had received a facelift. She claimed the accusations were false and had defamed her resulting in difficulty in finding work. She sued the surgeon for damages -- and won.
4. David Beckham
When an American magazine printed an article claiming that Beckham had used the services of a prostitute, Beckham sued. Since Beckham could not prove the magazine acted maliciously, Beckham lost the court ruling and his $25 million lawsuit was tossed out.
Jessie Ventura
The wrestler-morphed into-politician, changed to a television host who used to wear a feather boa in the ring defied all the doubters when he claimed he had been defamed in a best-selling book.
In 2012, Ventura sued Chris Kyle, a former Navy SEAL member, claiming Kyle's book, "American Sniper," included passages about Ventura that were false and defamatory. While Ventura was not specifically named in the book, he was alluded to in one chapter called "Punching Out Scruff Face." In interviews, after the book's release, Kyle said he was in fact talking about Ventura in the chapter.
Ventura told the court that if Kyle would have apologized and took responsibility for making up the story, then he, Ventura, would not have sued.
In the end, Ventura was awarded $1.8 million.
Steve Wynn
Casino mogul sued "Girls Gone Wild" creator Joe Francis for $10 million and took home $20 million thanks to a jury decision to award punitive damages.
Francis had claimed publicly that Wynn had threatened his life over a gambling debt. Francis claimed that the legendary producer Quincy Jones had seen the emails and could prove his claim.
Wynn counter-sued, claiming that Francis' remarks were false and were damaging to his reputation.
Wynn asked for an apology and Francis couldn't leave well enough alone, going on Good Morning America and restating his claims.
Quincy Jones denied ever seeing the emails, Francis maintained he was afraid for his life and Wynn banked his $20 million.