What are “per se” defamatory statements?
In Minnesota, a “per se” defamatory statement is an untrue statement about a person that is meant to damage their reputation. If a statement is found to be per se defamatory in a court of law, the person who was defamed does not have to prove that they suffered any damages because of the statement- their legal right to have their reputation protected has already been violated. Examples of per se defamatory statements include accusations that a person has committed a crime, is not competent to do their job, or has a contagious or infectious disease. Depending on the context, some statements may not be considered per se defamatory, such as “I think Joe is incompetent”- this could be considered an opinion, rather than a fact. In Minnesota, there are some protections for people who make true statements, depending on the situation and their intent. However, it is important for people to be aware of their legal rights and to take care when talking about others. If a statement is found to be false or defamatory, the person who made the statement may be liable for damages and may have to face a lawsuit.
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