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.
Related FAQs
Are there any restrictions on the type of evidence that can be used in a defamation case?Does a plaintiff need to prove actual knowledge or reckless disregard in a libel case?
Is a statement considered defamatory if it is made in a book, magazine, or newspaper?
How do you prove fault in a defamation lawsuit?
Is truth a defense to a defamation claim?
Does a person have to prove that the defendant knew or should have known the statement was false?
Does a person need an attorney to sue for defamation?
Is a person required to sue for defamation in the state where the statement was made?
What are the remedies available in a defamation lawsuit?
Is an opinion protected by defamation law?
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