What are the elements of a defamation claim?

Defamation is a form of legal action in Delaware that can be used when someone has suffered harm to their reputation as a result of someone else’s speech or writing. To make a successful claim of defamation in Delaware, the plaintiff must be able to prove four elements: 1. The defendant must have made a false statement of fact. To constitute defamation, the statement cannot simply be an opinion or a subjective belief. It must be a statement of fact that can be proven to be true or false. 2. The false statement must have been published. By “published,” this means that the statement must have been seen or heard by a third party. 3. The false statement must be about the plaintiff. This means that even if the false statement was about someone else, the plaintiff can still make a defamation claim if they can show that the statement was defamatory and that the plaintiff has suffered some type of harm as a result. 4. The false statement must have caused damages. In other words, the plaintiff must be able to prove that the false statement caused them some type of physical or financial harm, such as loss of business or damage to their personal or professional reputation. When all four of these elements are met, an individual can bring a legal claim of defamation against the person or persons who made the false statement.

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What are the elements of a defamation claim?

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