Does a person have to prove that the defendant knew or should have known the statement was false?

In Colorado, a person does not have to prove that the defendant knew or should have known a statement to be false in order to sue for defamation. To prevail in a defamation lawsuit, a plaintiff must prove that the defendant made a false, defamatory statement of fact about the plaintiff, which was published to a third party. The plaintiff must prove that the statement was false and that it caused harm to the plaintiff’s reputation. The defendant does not have to prove that they knew or should have known the statement was false. The defendant does not need to be aware that they are making a defamatory statement for their statement to be considered defamatory. However, if the plaintiff can prove that the defendant had reason to know the statement was false, they may be able to recover more damages. The law recognizes that some people may be more likely than others to communicate false and defamatory statements, and the court may consider this when awarding damages. In Colorado, a person only needs to prove that the defendant made a false statement of fact about them, which was published to a third party. Whether the defendant knew or should have known the statement was false is irrelevant to this standard.

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Does a person have to prove that the defendant knew or should have known the statement was false?

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