What is the burden of proof in a defamation case?

In West Virginia, the burden of proof in a defamation case is on the plaintiff (the person who is bringing the suit). This means that it is their responsibility to prove that the defendant (the person being sued) did in fact make a false statement about them that damaged their reputation. The plaintiff must present a preponderance of evidence that the statement was made and that it was false. The plaintiff must also show that the statement did in fact harm their reputation. This means they must show that the false statement caused them to lose employment opportunities, their trustworthiness was questioned, or there was some other form of damage to their reputation. The plaintiff must also show that the defendant was negligent in making the false statement. Negligence in this sense means the defendant knew the statement was false, recklessly disregarded the truth, or acted with a malicious intent. If the plaintiff can prove all of these components, they may be awarded damages for the harm they have suffered. However, the plaintiff must bear the burden of proof to prove that each of these components is true.

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What is the burden of proof in a defamation case?

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