How To Prove A Texas Defamation – General Claim
In Texas, a claim of Defamation – General is defined as:
To defame someone is to make false statements that harm the person’s reputation by inciting hatred, contempt, or ridicule against that person.
It simply means:
An untrue statement made publicly to damage someone else’s reputation.
There are 6 elements of the claim:
- Element 1. The defendant made a false statement of fact. A false statement of fact occurs when someone claims something untrue about another person that can be proven wrong, which can harm that person’s reputation.
Facts that might support this element look like:
* The defendant publicly claimed that the plaintiff was involved in criminal activity, which was later proven to be untrue.
* The defendant stated that the plaintiff had been fired from their job for misconduct, despite the plaintiff resigning voluntarily.
* The defendant asserted that the plaintiff had a history of substance abuse, which was not supported by any evidence.
* The defendant circulated a rumor that the plaintiff was cheating on their spouse, which was entirely fabricated.
* The defendant claimed that the plaintiff was responsible for a financial loss to a third party, which was later shown to be false. - Element 2. The defendant published (communicated) the statement to a third party. The defendant shared the harmful statement with someone else, not just the person it was about, which is a key part of proving defamation.
Facts that might support this element look like:
* The defendant shared the statement during a public meeting attended by multiple individuals, thereby communicating it to third parties.
* The defendant posted the statement on a social media platform, where it was accessible to the general public and shared by others.
* The defendant sent an email containing the statement to a group of colleagues, ensuring it reached multiple recipients.
* The defendant verbally relayed the statement to a friend, who subsequently repeated it to others, expanding its reach.
* The defendant published the statement in a newsletter distributed to subscribers, making it available to a wide audience. - Element 3. The statement was defamatory. The statement was defamatory means that the statement made about someone was false and harmful, damaging their reputation by portraying them in a negative light to others.
Facts that might support this element look like:
* The statement falsely claimed that the plaintiff embezzled funds from their employer, damaging their professional reputation.
* The defendant published the statement on a widely-read social media platform, reaching thousands of potential readers.
* The statement was presented as a factual assertion rather than an opinion, leading readers to believe it was true.
* The plaintiff suffered significant emotional distress and loss of business opportunities as a direct result of the statement.
* The defendant failed to verify the accuracy of the statement before making it public, demonstrating negligence in their actions. - Element 4. That statement was concerning the plaintiff. In a defamation case, the statement in question must be about the plaintiff, meaning it directly refers to or identifies the person making the claim, which is essential for proving that the statement harmed their reputation.
Facts that might support this element look like:
* The statement in question directly referenced the plaintiff by name, making it clear who was being discussed.
* The content of the statement included specific details about the plaintiff’s personal life, which could only pertain to them.
* The statement was made in a public forum where the plaintiff’s reputation was likely to be affected.
* Witnesses present at the time of the statement confirmed that it was understood to be about the plaintiff.
* The statement was shared widely on social media, leading to significant public discourse about the plaintiff. - Element 5. The statement was negligent in regard to a private citizen, or it contained malice in regard to a public figure. This means that for a defamation claim, the statement must either show carelessness about the truth when it concerns a private person or demonstrate a harmful intent when it involves a public figure, indicating that the speaker knew the statement was false or acted with reckless disregard for the truth.
Facts that might support this element look like:
* The statement was made without verifying the accuracy of the information, demonstrating a lack of reasonable care.
* The individual making the statement had a history of spreading false information about the private citizen.
* The statement was published despite the existence of credible evidence contradicting its claims.
* The statement was made with the intent to harm the public figure’s reputation, as evidenced by prior communications.
* The individual had a motive to damage the private citizen’s standing in the community, which indicates malice. - Element 6. The communication resulted in damages. The communication caused harm, such as loss of reputation or financial damage, to the person being defamed, showing that the false statements had a negative impact on their life or business.
Facts that might support this element look like:
* The plaintiff lost a significant business contract due to negative statements made by the defendant, resulting in a financial loss of $100,000.
* The plaintiff experienced emotional distress and anxiety after the defamatory statements were published, leading to costly therapy sessions.
* The plaintiff’s reputation in the community suffered, causing a decline in customer inquiries and a 30% drop in sales.
* The plaintiff was unable to secure a promotion at work because colleagues believed the false statements made by the defendant.
* The plaintiff incurred legal fees exceeding $15,000 while pursuing this defamation claim against the defendant.
(See In re Lipsky, 460 S. W. 3d 579 (Tex. Supreme Court 2015).)
If you’re in court without a lawyer and plan to assert a Claim of Defamation – General, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your defamation claim effectively.
Prove Your TX Defamation – General Claim
U.S. Civil Cases Only