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

No, a person does not have to prove that the defendant knew or should have known that the statement was false in order to establish a successful defamation claim in Washington. Generally, in Washington, a plaintiff must prove that a defendant made a false statement of fact, that was published to a third party, and that the false statement caused the plaintiff harm. Whether or not the statement was made with knowledge of its falsity is not important in deciding the outcome of the claim. Washington law also holds that if the defendant acted negligently, then the plaintiff can prove liability and seek damages. This means that if the defendant should have known that the statement was false and failed to investigate its truthfulness, then they still could be found liable for defamation. In order for a statement to be considered defamatory, it must be considered “of and concerning” to the plaintiff. This means that it must be clear that the statement is about the plaintiff and not some other person or entity. If a statement is considered to be opinion, hyperbolic, or otherwise generally accepted as humorous, then it may not be considered defamatory. Therefore, a person does not have to prove that the defendant knew or should have known the statement was false in order to establish a successful defamation claim in Washington.

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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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