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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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In a civil defamation case, defamation has to prove they suffered

Customer Question

In a civil defamation case, defamation has to prove they suffered economically. The Plaintiffs are a student housing.

If the Plaintiff himself responded to an email for a public media publisher, and accidentally told them that "they are still at or near full capacity" and it was PUBLISHED, doesn't this render defamation case moot since they just admitted publicly that they have not suffered economically?

He got defensive when he was responding to a question about black mold, and said something like if we had mold, why would we still be at near or full capacity? And that is what they published.

How can I use this against him?
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Yes, that statement can be used to prove that they didn't suffer any damages. Whether that statement was published or not isn't relevant, the issue is whether they are at or near capacity and therefore any defamatory statements didn't cause damages.

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