Defamation Claims in Arizona
By: Timothy J. Watson, Esq.
Defamation is an area of the law that generates a great deal of interest and volatility. In Arizona, the defamation of a private (non-public) figure requires five elements: The Defendant made, said, or wrote a defamatory statement of fact about the Plaintiff; the statement was false; the Defendant made, said, or wrote the statement to a third person; the Defendant was negligent in failing to determine the truth of the statement and; the Defendant’s statement caused the Plaintiff to be damaged. It is important to note that a statement related to a private individual is subject to the negligence standard, meaning a defendant did not use reasonable care when making a statement about the Plaintiff to a third person. In addition, statements of fact often spill over into opinions. There are sometimes disputes over whether a statement is one of fact or opinion.
