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ProveMyFloridaCase.com > Posts tagged "libel"

Florida’s Single Publication Rule (and Defamation Claims)

Florida Statute s. 770.07 provides: The cause of action for damages founded upon a single publication or exhibition or utterance, as described in s. 770.05, shall be deemed to have accrued at the time of the first publication or exhibition or utterance thereof in this state. This statute is known as the “single publication rule.”   The statute of limitations accrues at the time of the first publication and does not get delayed or tolled due to continued publication. The single publication rule applies to causes for action for “libel or slander, invasion of privacy, or any other tort founded upon any single publication, exhibition, or utterance,...

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Defamation Per Se Opens Door for Punitive Damages

A defamation per se action opens the door for punitive damages even if actual damages cannot be shown or proven.  Lawnwood Medical Center, Inc. v. Sadow, 43 So.3d 710, 729 (Fla. 4th DCA 2010).   This is because malice is presumed and, thus, the statements are presumed harmful as a matter of law.  Id.  However, “proof of liability for defamation per se requires a showing that the declarant knew or should have known the defamatory statement was not true.”  Tilton v. Wrobel, 198 So.3d 909 (Fla. 4th DCA 2016).  Hence, while a claimant may not be able to prove actual damages...

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