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In Nevada, the elements for a claim of defamation per se are:

  1. False and defamatory statement by defendant concerning the plaintiff;
  2. Unprivileged publication of the statement to third party;
  3. Some level of fault amounting at least to negligence; and
  4. Actual or presumed damages. Damages which will be presumed if the defamation tends to injure plaintiff in his business (defamation per se).

To constitute defamation per se, the statement must fall into one of four categories: “(1) that the plaintiff committed a crime; (2) that the plaintiff has contracted a loathsome disease; (3) that a woman is unchaste; or, (4) the allegation must be one which would tend to injure the plaintiff in his or her trade, business, profession or office.”  Nev. Indep. Broad. Corp., 99 Nev. 404, 409, 664 P.2d 337, 341.  Additionally, the defamatory comments must imply a “habitual course of similar conduct, or the want of the qualities or skill that the public is reasonably entitled to expect.”  See Restatement (Second) of Torts § 573 cmt. d (1977).  With per se liability, the plaintiff is entitled to presumed, general damages.  Nev. Indep. Broad., 99 Nev. 404, 409, 664 P.2d 337, 341.  If the defamation tends to injure the plaintiff in his or her business or profession, it is deemed defamation per se, and damages will be presumed. Chowdhry v. NLVH, Inc., 109 Nev. 478, 483, 851 P.2d 459,462 (1993); see also Nev. Ind. Broad. v. Allen, 99 Nev. 404, 409, 664 P.2d 337, 341 (1983); Carey v. Piphus, 435 U.S. 247, 262 n.18, 98 Sup.Ct. 1042, 1052 n.18, (U.S. 1978); Fallon Min. Co., Inc. v. Caddell, 77 Fed. Appx. 416, 9th Cir. (2003); Bonjovi v. Sullivan, 122 Nev. 556, 138 P.3d 433 (Nev. 2006); Burns v. Mayer, 175 F. Supp. 2d 1259 (D. Nev. 2001); Switzer v. Rivera, 174 F. Supp. 2d 1097 (D. Nev. 2001); Branda v. Sanford, 97 Nev. 643, 646, 637 P.2d 1223, 1225 (1981); Williams v. Univ. Med. Ctr. So. Nev., 688 F. Supp. 2d 1134 (D. Nev. 2010); W. Page Keeton, et al Prosser & Keaton On the Law of Torts § 112, at 788 (5th Ed. 1984).

 

See elements for other claims at the Nevada Law Library

 

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.