What happens if someone slanders or libels someone who is dead?

While it may be reprehensible to make false and defamatory statements about someone who has died, in most states there is no recovery for libel or slander of someone who is deceased.

The historical reason for allowing claims for slander and libel is to protect the person’s reputation and thus his or her ability to earn a living and enjoy the benefits of good standing in the community. Once the person is dead, those concerns go away. In some states, even if the person who was defamed sued for libel or slander and died before the case went to judgment, the action would be dismissed.

True, there is the possibility of damage to the reputation of the deceased, and that could harm the estate of the deceased. For example, if someone defames an author who died, that author’s works may not sell as well in the future and thus the royalties the estate stands to earn would be reduced.

Some states do permit suits for libel or slander to be brought on behalf of the estate of a deceased person in some circumstances. The definition of libel in Texas includes written words that “tend to blacken the memory of the dead.” In Rhode Island there is a right of action if the deceased person was slandered or libelled in an obituary in any newspaper or on any radio or television station within three (3) months of his or her date of death. Many states, including California, will allow personal injury suits (libel and slander are considered personal injuries) filed by a living plaintiff to continue on and be passed to the plaintiff’s successor in interest or personal representative upon the plaintiff’s death. The plaintiff’s estate may then recover if the lawsuit is successful.

An experienced libel and slander attorney in your area can help shed light on the laws particular to your state.

Case Studies: Slander and Libel of Deceased Individuals

Case Study 1: Harm to the Deceased’s Estate

In this case, a deceased author is defamed, which could potentially harm the estate’s financial interests. If the author’s reputation is tarnished, their works may not sell as well, leading to reduced royalties for the estate. While some states recognize the potential harm to the estate and allow suits for libel or slander, specific circumstances, and laws vary from state to state.

Case Study 2: Defamation in an Obituary

Consider a scenario where a deceased person is slandered or libeled in an obituary published in a newspaper or broadcast on radio or television within a specific time frame after their death. In states like Rhode Island, there may be a right of action to pursue a defamation claim on behalf of the deceased under these circumstances. It is important to consult with a local libel and slander attorney to understand the laws applicable in your state.

Case Study 3: Continuing Personal Injury Lawsuit

In many states, if a living plaintiff files a personal injury lawsuit for libel or slander and passes away before the case reaches judgment, the lawsuit can continue on behalf of the plaintiff’s successor in interest or personal representative. If the lawsuit is successful, the plaintiff’s estate may be entitled to recover damages. The laws regarding the continuation of personal injury suits after the plaintiff’s death vary from state to state.