What is considered a false statement in a defamation lawsuit?
In a defamation lawsuit, a false statement is considered to be any statement that is untrue, misleading, or damaging to a person’s reputation. To prove a false statement, the plaintiff in the lawsuit must show that the defendant made a false and defamatory statement of fact about the plaintiff. In Minnesota, a defamation lawsuit must prove five elements in order to be successful. First, the plaintiff must show that the defendant made a false statement of fact about the plaintiff. The statement needs to be demonstrably false in order to be considered in a defamation lawsuit. Additionally, the statement must be made to a third party—not just said directly to the plaintiff. Second, the plaintiff must also prove that the false statement was of and concerning the plaintiff. Generally, this means that the plaintiff must show that the false statement was specifically referring to him or her and not just a generic statement. Third, the plaintiff must prove the false statement caused them some sort of harm, such as loss of reputation, loss of career or economic opportunities, emotional distress, or other damages. Fourth, the plaintiff must prove that the defendant acted with either negligence or malice. Lastly, the plaintiff must prove that the false statement was defamatory. Defamatory statements are statements that hold a person in a negative light and tarnish their reputation. These include statements that assert a person is of low character or has engaged in illegal activities. A false statement in a defamation lawsuit is any statement that is untrue, misleading, or damaging to a person’s reputation. In Minnesota, a plaintiff must prove five elements in order for a defamation lawsuit to be successful. These include the false statement being of and concerning the plaintiff, causing the plaintiff harm, being defamatory, and that the defendant acted with either malice or negligence.
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