Does a plaintiff have to prove intent in a slander case?
In South Dakota, a plaintiff does not have to prove intent to win a slander case. In fact, the plaintiff does not need to prove any fault or negligence on the part of the defendant. If a person makes a false and defamatory statement which causes harm to another person’s reputation, the defendant is liable for damages. In South Dakota, a plaintiff does not need to prove that the defendant was aware of the statement’s falsity when making it. The plaintiff only needs to show that the defendant made the statement without regard for truth or falsity, and that the statement was false and defamatory. In addition, the plaintiff does not need to prove that the defendant was acting with malicious intent. The plaintiff only needs to show that the statement was uttered with “actual malice” or “reckless disregard” for the truth. This means that the defendant was aware of the potential harm caused by the statement or should have been aware of it. In conclusion, it is important to note that in South Dakota a plaintiff does not have to prove intent to win a slander case. The plaintiff only needs to show that the statement was false and defamatory, and that the defendant made it with actual malice or reckless disregard for the truth.
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