What are “per se” defamatory statements?

In Texas, “per se” defamatory statements are statements that are considered to be inherently damaging to one’s reputation and do not need additional proof of damage to the plaintiff. These types of statements are considered so damaging because they accuse someone of a criminal offense, loathsome disease, or professional misconduct. For example, accusing someone of a serious crime, such as murder or theft, or saying that they have a contagious and dangerous disease, like HIV, would be considered a per se defamatory statement. The plaintiff in a defamation lawsuit does not need to prove damages if the statement falls under per se defamation. Judges in Texas cases have ruled that statements falling into these categories are, by their nature, so considered to cause damage to an individual’s reputation that any other proof is unnecessary. If the statement is considered to be per se defamatory, the plaintiff is able to win a lawsuit without presenting evidence of actual damages. In this type of lawsuit, the plaintiff simply needs to prove that the statement was actually made and that it falls into one of the three categories. If those two conditions are met, then the plaintiff has already legally been harmed and is entitled to damages.

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What are “per se” defamatory statements?

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