Does a person have to prove actual harm in order to sue for libel?

In California, a person does not have to prove actual harm in order to sue for libel. In most cases, libel is considered to be a "strict liability" tort. This means that the plaintiff, who is the person bringing a lawsuit, need not prove that any harm was intentionally inflicted as a direct result of the libelous statement. The plaintiff must be able to show that a false statement of fact was made about them, that was published to a third party, and that had a tendency to harm the plaintiff’s reputation. However, even if the plaintiff cannot demonstrate harm, he or she can still pursue a claim for libel. This is because the law recognizes that potential damage can still occur even if it cannot be proven. Another way that a plaintiff can prove a libel claim in California is by proving that the facts stated were false and that the defendant had knowledge of this. In this case, the plaintiff may be able to seek damages for libel without showing actual harm. This form of libel usually arises in cases of malicious and reckless publication of falsehoods. Ultimately, California law protects people from false and malicious statements made with the intention to harm someone’s reputation. Even if a person cannot show actual harm, they are still entitled to seek a legal remedy. It is ultimately up to the plaintiff to prove their case, and in some cases, this may require proof of actual harm.

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Does a person have to prove actual harm in order to sue for libel?

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