Is it possible to win a defamation lawsuit without proving actual harm?

In California, the answer to whether it is possible to win a defamation lawsuit without proving actual harm is yes, but it depends on the circumstances. In certain circumstances, a plaintiff may be able to recover damages from a defendant without having to prove actual harm. This is called "presumed damages" and is especially true for cases involving libel (written/published false or defamatory statements) as opposed to slander (spoken false or defamatory statements). California has a long-standing legal precedent of awarding presumed damages to plaintiffs in certain types of defamation cases. For example, a plaintiff who can prove that a defendant published and intended to harm a plaintiff’s reputation may be able to collect damages without having to prove any actual harm. This is because a jury may presume that the false statement caused the plaintiff some type of harm, even if the plaintiff can’t provide concrete evidence of the harm that was caused. In all cases, a plaintiff must be able to prove that the defendant made a false statement of fact and that the statement was published, meaning it was shared with at least one person other than the plaintiff. California courts have held that, in some cases, even if a plaintiff can’t prove actual harm, the offense of defamation alone is enough to hold a defendant liable for damages.

Related FAQs

Can a company be sued for defamation?
What kinds of statements constitute defamation?
What happens in a defamation case if the defendant does not have sufficient assets?
Does defamation law protect celebrities or public figures?
Is a plaintiff required to show actual damages in a defamation case?
What are “per se” defamatory statements?
How do you determine whether a statement is defamatory or not?
Is a person required to state a cause of action in a defamation lawsuit?
How do you prove damages in a slander case?
What is the difference between a libel and slander case?

Is it possible to win a defamation lawsuit without proving actual harm?

Related FAQs

Related Blog Posts