What are the elements of a defamation claim?

To prove a claim for defamation in Pennsylvania, several elements must be established. First, the plaintiff must show that the defendant made a false statement of fact to a third party. This means that the defendant must have stated something to a third party that was not true. Mere opinions, statements of hyperbole, and other expressions of protected speech are not actionable as defamation. Second, the plaintiff must show that the statement was made with either actual malice or negligence. In most cases, a plaintiff must demonstrate that the defendant was either reckless in making the statement, or that the defendant knew the statement was false. Third, the plaintiff must show that the statement caused harm to his or her reputation. This harm may be evidenced through decreased business, lost job opportunities, or other tangible losses resulting from the statement. Fourth, the plaintiff must show that he or she suffered some form of damages. This may include economic losses, medical expenses, or other forms of harm that can be proven in court. Finally, a plaintiff must show that the defendant’s statement was not privileged. This means that the defendant’s statement must not have been uttered in the course of any legal proceedings, or as part of any governmental statement or action. In sum, a successful defamation claim in Pennsylvania requires proof of a false statement of fact, made with negligence or malice, that harmed the plaintiff’s reputation and caused him or her financial damage.

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What are the elements of a defamation claim?

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