Actionable Per Se


Also found in: Medical.

Actionable Per Se

Legally sufficient to support a lawsuit in itself.

Words are actionable per se if they are obviously insulting and injurious to one's reputation. In lawsuits for libel or slander, words that impute the commission of a crime, a loathsome disease, or unchastity, or remarks that affect the plaintiff's business, trade, profession, calling, or office may be actionable per se. No special proof of actual harm done by the words is necessary to win monetary damages when words are actionable per se.

References in periodicals archive ?
Statements that fall within these actionable per se categories are deemed to be so obviously and materially harmful to the plaintiff that malice is implied and injury to reputation is presumed.
If a defamatory statement does not fall within one of the limited categories of statements that are actionable per se, then the claim should be pled per quod.
However, even if a statement falls into one of the per se categories, it will not be found actionable per se if it is reasonably capable of an "innocent construction.