Legal Question in Personal Injury in Texas
Defamation of Character Claim - please repsond asap.
What would a plaintiff have to prove to win a Defamation of Character claim? If the conversations relating to the accusation of Slander or Defamation took place between two female individuals in confidence and related to actual and true events of sexaul harrasment misconduct by the male plaintiff. Any recourse against the plaintiff?
2 Answers from Attorneys
Re: Defamation of Character Claim - please repsond asap.
plaintiff has to prove that the statements were false, injured his/her reputation and resulted in damages. Although damages are assumed, the dollar value is often difficult to prove. being the butt of embarassing statements is usually difficult to maintain.
Re: Defamation of Character Claim - please repsond asap.
The truth is an absolute defense to any/all claims of libel, slander or defamation of character.
A plaintiff to recover must show (1) monetary damages, (2) lack of privilege, and (3) that the utterances were totally false and malicious.