What are the elements of a defamation claim?

Defamation is a statement made about someone that harms their reputation. In Nebraska, there are several elements that must be present in a claim of defamation in order for it to be successful. The first element is the communication of false information about the person. This statement must be an objectively false statement of fact, not opinion. The statement must have been communicated or published to a third party, and must have been done so intentionally or with reckless disregard for the truth. The second element is that the statement must have caused the person some harm. This could be either loss of business, damage to one’s reputation, or emotional distress due to the statement. The third element is the intent of the publisher of the statement. If the statement was published recklessly, or with a disregard for the truth, then it can be grounds for a defamation claim. Lastly, the claimant must have suffered some kind of measurable harm as a result of the statement. This could be evident in financial losses, emotional distress, or damage to the claimant’s reputation. If all of these elements are present in a case, then it is possible for a successful claim of defamation under Nebraska art law.

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