How does a person prove that the defendant was negligent in publishing false and defamatory statements?

In Minnesota, a person must prove that the defendant was negligent to successfully make a claim of defamation. This can be done in a few different ways. First, the injured party must establish that the false and defamatory statements were published. This means that the information was communicated to a third party. The defendant doesn’t need to be the one who published the statements, as long as they knew the statements were false when they shared them with someone else. Second, it must be proven that the defendant acted negligently in publishing the false and defamatory statements. Negligence is either doing something one should not have done or failing to do something one should have done. The person must demonstrate that the defendant should have known the statements were false and that reasonable steps were not taken to ensure the information was correct and true. The injured party must also show that they suffered damages as a result of the defamatory statements. This can include economic losses like lost profits, personal losses like emotional distress, or both. The injured party must show specific losses that are tied to the false statement. Finally, the injured party must prove that the false statement was the cause of their losses. This means that the false statement was the reason the injured party did not receive the financial or personal benefits that would otherwise have been there. Altogether, these elements must be present to prove that the defendant was negligent in publishing false and defamatory statements. Without these elements, the injured party cannot make a successful claim of defamation.

How does a person prove that the defendant was negligent in publishing false and defamatory statements?

Related FAQs

Related Blog Posts