How To Prove A Texas Defamation – Libel Claim

 

 

In Texas, a claim of Defamation – Libel 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. Libel is defamation involving false statements published in writing or another fixed medium.

It simply means:

An untrue statement written or printed publicly to damage someone else’s reputation.

There are 3 elements of the claim:

• Element 1. The defendant published a written statement. The defendant made a false written statement about someone that was shared with others, which is a key part of a defamation claim for libel.
  

  Facts that might support this element look like:

  * The defendant authored an article that was published in a local newspaper, which included statements about the plaintiff.
  * The defendant posted a written review on a popular website, explicitly naming the plaintiff and making negative claims about their business practices.
  * The defendant shared a social media post that contained a written statement about the plaintiff, which was visible to the public and their followers.
  * The defendant sent an email to multiple recipients that included defamatory statements regarding the plaintiff’s character and professional conduct.
  * The defendant created a blog post that detailed allegations against the plaintiff, which was accessible to anyone on the internet.

• Element 2. The statement was defamatory and concerned the plaintiff. The statement was harmful and false, damaging the reputation of the person involved, which is essential for proving that the written words (libel) unfairly targeted and affected the individual’s standing in the community.
  

  Facts that might support this element look like:

  * The defendant published an article that falsely claimed the plaintiff embezzled funds from their employer.
  * The statement was widely circulated in a local newspaper, reaching thousands of readers in the community.
  * The plaintiff’s reputation as a trustworthy business owner was significantly harmed by the false allegations.
  * The defendant knew the statement was false but published it anyway, demonstrating a disregard for the truth.
  * The plaintiff was directly identified in the article, making it clear that the defamatory statement concerned them specifically.

• Element 3. The statement was negligent in regard to a private citizen, or it contained malice in regard to a public figure. In a defamation case, if a false statement harms a private person’s reputation, it shows negligence; but if it targets a public figure, it must also prove that the statement was made with malicious intent or reckless disregard for the truth.
  

  Facts that might support this element look like:

  * The defendant published a statement about the plaintiff’s personal life without verifying the accuracy of the information, demonstrating a lack of reasonable care.
  * The statement was made with knowledge of its falsity, as the defendant had previously received credible information contradicting the claim.
  * The defendant had a history of making disparaging remarks about the plaintiff, indicating a pattern of malice rather than mere negligence.
  * The statement was published in a widely circulated medium, increasing the potential harm to the plaintiff’s reputation.
  * The defendant ignored multiple warnings from the plaintiff about the inaccuracy of the statement before its publication, showing a reckless disregard for the truth.

^{(See Neely v. Wilson, 418 SW 3d 52 – Tex: Supreme Court 2013. Klentzman v. Brady, 312 SW 3d 886 – Tex: Court of Appeals 2009.)}
If you’re in court without a lawyer and plan to assert a Claim of Defamation – Libel, 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 – Libel claim effectively.

Prove Your TX Defamation – Libel Claim

U.S. Civil Cases Only