What is the difference between defamation per se and defamation per quod?
Defamation per se and defamation per quod are two distinct types of defamation law recognized in Washington. Defamation per se is a type of defamation that is considered so damaging that the plaintiff does not need to provide proof that they suffered injury. These claims are typically associated with false statements that impugn a person’s character or lower their reputation, such as saying they are criminal, diseased, or that they lack integrity. Defamation per quod is a type of defamation that requires the plaintiff to provide evidence of harm, such as proof of financial losses, before being able to collect damages. This type of defamation includes false statements about a person that cause economic impacts, such as lost wages or loss of business. It also includes false statements that are damaging but do not necessarily target the plaintiff’s character or reputation, such as false statements about their products or services. The key difference between defamation per se and defamation per quod is that the former does not require proof of harm, while the latter does. For example, a person falsely calling an individual a thief in Washington would constitute defamation per se and they could pursue compensation without having to prove they suffered a financial injury. However, if the person made false statements about the same individual’s products or services that led to financial losses, they would need to provide proof in order to recover damages.
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