How To Prove A Texas Defamation Per Se Claim

 

 

In Texas, a claim of Defamation Per Se is defined as:

Defamation per se is a type of cause of action in which the content of the alleged false statement is so inherently damaging, damages are presumed to exist from the mere fact the statement was made.

It simply means:

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

There are 4 elements of the claim:

• Element 1. The publication of a false statement of fact to a third party. A false statement of fact to a third party in a defamation claim means someone spreads incorrect information about another person to someone else, which can harm that person’s reputation without needing to prove additional damages.
  

  Facts that might support this element look like:

  * The defendant publicly stated that the plaintiff was embezzling funds from their employer, which is a false assertion.
  * A third party overheard the defendant claim that the plaintiff had been arrested for theft, which was untrue and damaging to the plaintiff’s reputation.
  * The defendant shared a false rumor with colleagues that the plaintiff had been fired for misconduct, leading to professional repercussions for the plaintiff.
  * The defendant published an article online falsely accusing the plaintiff of fraud, which was widely disseminated and viewed by numerous individuals.
  * The defendant told a mutual friend that the plaintiff was involved in illegal activities, which was completely unfounded and harmful to the plaintiff’s character.

• Element 2. That was defamatory concerning the plaintiff. Defamatory statements about the plaintiff are false claims that harm their reputation, suggesting they have committed a serious wrongdoing or have a negative trait, which can damage their personal or professional life without needing further proof of harm.
  

  Facts that might support this element look like:

  * The defendant publicly stated that the plaintiff was involved in criminal activities, which are false and damaging to the plaintiff’s reputation.
  * The defendant shared a post on social media claiming the plaintiff was a fraud, leading to significant harm to the plaintiff’s professional relationships.
  * The defendant told multiple individuals that the plaintiff was dishonest in business dealings, causing others to distrust the plaintiff.
  * The defendant published an article alleging that the plaintiff had been fired for misconduct, which was untrue and has negatively impacted the plaintiff’s career.
  * The defendant accused the plaintiff of being untrustworthy in a public forum, resulting in emotional distress and loss of business opportunities for the plaintiff.

• 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, a statement is considered negligent if it wrongly harms a private person’s reputation without proper care, while it shows malice if it intentionally spreads false information about a public figure, knowing it could damage their reputation.
  

  Facts that might support this element look like:

  * The defendant published a statement claiming the plaintiff was involved in criminal activity without verifying the accuracy of the information.
  * The statement was made with knowledge of its falsity, as the defendant had previously been informed of the plaintiff’s innocence.
  * The defendant had a history of making false statements about the plaintiff, demonstrating a pattern of malicious intent.
  * The statement was made in a public forum, reaching a wide audience and causing significant harm to the plaintiff’s reputation.
  * The defendant ignored clear evidence contradicting the statement, indicating a reckless disregard for the truth.

• Element 4. The statement (a) injured a person in his or her office, profession, or occupation; (b) charged a person with the commission of a crime; or (c) imputed to a person a loathsome disease. Defamation per se occurs when a statement falsely claims someone harmed their job, accuses them of a crime, or suggests they have a serious disease, which can damage their reputation without needing further proof of harm.
  

  Facts that might support this element look like:

  * The statement falsely accused the plaintiff of embezzling funds from their employer, damaging their professional reputation.
  * The statement claimed that the plaintiff had been arrested for theft, leading to significant harm to their career prospects.
  * The statement alleged that the plaintiff was diagnosed with a contagious disease, causing distress and social ostracism in their community.
  * The statement suggested that the plaintiff engaged in unethical practices, resulting in the loss of clients and business opportunities.
  * The statement implied that the plaintiff was involved in criminal activity, leading to a public outcry and loss of professional credibility.

^{(See Guzman v. Sorola, Tex: Court of Appeals, 13th Dist. 2022. Hancock v. Variyam, 400 SW 3d 59 – Tex: Supreme Court 2013; WFAA-TV, Inc. v. McLemore, 978 SW 2d 568 – Tex: Supreme Court 1998.)}
If you’re in court without a lawyer and plan to assert a Claim of Defamation Per Se, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.

Prove Your TX Defamation Per Se Claim

U.S. Civil Cases Only