Defamation involves a false statement made by one person about another person which causes harm to a person’s property, profession, business, or occupation.
The plaintiff must be able to prove the following elements to establish a defamation claim in California:
Defamatory statements are made using two methods: slander or libel
A statement is a defamation per se in case there is no need for extrinsic evidence to explain the statement’s defamatory nature. A plaintiff doesn’t need to show special damages as damages to the plaintiff’s trade, business, property, profession or occupation if the statement is defamation per se.
Defamation per quod means that the statement is not defamatory on its face and requires proof and allegations of special damages. Examples of special damages can include lost profits and adverse employment consequences.
According to the First Amendment of the U.S. Constitution, when a public figure brings an action for defamation, in addition to all mentioned elements, he should also prove that the statement was made with actual malice. Thus, the public figure must prove that the person who made the defamatory statement knew that is was false.
Here are some examples of a public figure under California law:
There are different types of compensation available to the victims, who win defamation lawsuits. These include:
There are several defenses available in defamation cases. Here are some of them:
Do you have any additional questions or concerns regarding defamation claims in California? Get in touch with KAASS Law for more information now.
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