Is a person required to demonstrate actual harm in order to sue for defamation?

In South Dakota, a person is not required to demonstrate actual harm in order to sue for defamation. Although courts in South Dakota will consider evidence of actual harm when determining a plaintiff’s damages, a plaintiff does not need to show that he or she actually suffered harm in order to have a successful defamation claim. This is referred to as a “general damages rule,” meaning that a plaintiff is presumed to have been injured by the false statement, even if no actual harm can be proven. The primary elements of a defamation claim in South Dakota are: (1) a false statement of fact, (2) about the plaintiff, (3) published or communicated to a third party, and (4) resulting in injury to the plaintiff’s reputation. A plaintiff must prove all four of these elements to be successful in a defamation claim. In cases of libel or slander, a plaintiff must show that the false statement was made with “actual malice,” meaning that the statement was made with knowledge of its falsity or with reckless disregard for the truth. In South Dakota, a court may also consider relevant evidence of actual damages when determining a plaintiff’s damages. This may include lost wages, emotional distress, or other losses. However, this evidence is not required for a plaintiff to have a successful defamation claim.

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Is a person required to demonstrate actual harm in order to sue for defamation?

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