Is it possible for a person to retract a statement before filing a defamation lawsuit?
Yes, it is possible for a person to retract a statement before filing a defamation lawsuit in Texas. Under Texas’ Defamation Law, a person can retract a statement by publishing a correction or retraction of the statement that was made. For a retraction to be effective, it must be published in the same manner and at the same time as the statement that was originally made. A retraction is a way for a person to avoid being sued for defamation. Under Texas’ Defamation Law, a person who retraces a statement they made is still responsible for any damage that was caused by the statement before it was retracted. This means that even if a person retracts a statement, the person who was defamed may still have a case against the speaker for damages they suffered before the statement was retracted. Additionally, a person may not be able to retract a statement if it falls under an exception of Texas’ Defamation Law. For example, Texas does not allow for a retraction for statements that are deemed to be “defamatory per se.” These types of statements are ones that are clearly defamatory and do not require any explanation as to why the statement is defamatory. Therefore, the best thing to do, if there is a possibility that a statement is defamatory, is to retract the statement as soon as possible.
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