What is considered a “public harm” that can give rise to a defamation claim?

In South Dakota, a public harm can give rise to a defamation claim. Generally, a public harm occurs when a person’s reputation or character is damaged, resulting in a loss of respect or confidence within the community. This can be in the form of false words or statements that the plaintiff alleges caused him/her injury or suffering. Examples of public harms that could give rise to a defamation claim include: • Statement of fact that is false and injures a person’s reputation in the community • Implication of a false fact that a plaintiff alleges resulted in harm to their reputation • Opinions that suggest the plaintiff has done something wrong or illegal • Statements or pictures that damage a plaintiff’s reputation indirectly • Imputation of a crime or moral turpitude • Disparaging or defamatory words that damage the plaintiff’s reputation • Writing or speaking about the plaintiff in a false and/or derogatory way In South Dakota, when a public harm is proven, a defamation claim is the legal recourse for damages and restitution. Generally, those damages would be economic or non-economic in nature. Economic damages may include lost wages, diminished business, or medical bills associated with the injury. Non-economic damages may include mental anguish, pain and suffering, or loss of reputation. The bottom line is that any type of public harm to an individual that causes economic or non-economic damages can give rise to a defamation claim. In South Dakota, a person who has suffered a public harm can seek legal recourse against the person or entity who caused the injury. If the public harm is proven to be true and caused the individual harm, that person may be able to seek compensation.

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What is considered a “public harm” that can give rise to a defamation claim?

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