What is considered a false statement in a defamation lawsuit?

A false statement in a defamation lawsuit is any statement that is not substantiated with facts or is not an opinion. Defamation is a tort that occurs when someone makes a false statement of fact about another individual or business that is damaging to their reputation. For a case to be considered defamation in North Carolina, the statement must be false, it must be made to a third party, and it must damage the reputation of the plaintiff. Different types of false statements can include rumors, accusations, lies, gossip, and any other statement of something that is not true. The statement can be made in person, in writing, or through any other medium. For example, if an individual posts a false statement on social media about another person that damages their reputation, it could be considered defamation. Because defamation involves the spreading of false statements, the plaintiff must prove that the statement is indeed false. In a civil lawsuit, the burden of proof is on the plaintiff to prove that the statement was indeed false and damaging. The court must assess the circumstances around the statement and determine whether the statement and the evidence presented fulfils the criteria for a false statement.

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