§ 6.4.4.7 DAMAGES

• Jurisdiction: Arizona

§ 6.4.4.7 Damages. Liability for defamation can subject the defendant to the following types of damage:

(1) Compensatory damages for all emotional distress and bodily harm caused by the defamation.⁸⁵

(2) General damages for any impairment of reputation and standing in the community.⁸⁶

(3) All special damages (financial losses) a plaintiff has suffered with respect to the plaintiff's property, business, trade, profession, or occupation.⁸⁷

(4) Punitive damages, but only if there is proof that the defamer had knowledge of falsity or acted in reckless disregard of the truth.⁸⁸ Presumably, the standards of Linthicum v. Nationwide Life Insurance Co.⁸⁹ must also be met, but arguably that standard is met through a showing of actual malice.⁹⁰

(5) Presumed damages, so long as "actual malice" (knowing falsity or reckless disregard) is shown.⁹¹

In seeking damages, a plaintiff need not prove any specific out-of-pocket loss to be entitled to compensatory or general damages, so long as there is some competent evidence that such damages were suffered.⁹²

Generally, claims for defamation die with the death of the plaintiff.⁹³

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Notes:

^[85] Restatement...