Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I have a question about defamation per se, texas, i am a

Customer Question
hi i have a question...
hi i have a question about defamation per se
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: texas
JA: Has anything been filed or reported?
Customer: i am a business owner, and one of the previous customer made a written claim which is false and damaging our rep a lot
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
10/6/2017
Lawyer: Attorney2, Attorney replied 2 months ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7,539
Experience: 29 Years In General Practice,
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Ask Your Own Legal Question
Lawyer: Attorney2, Attorney replied 2 months ago

Where was the false and damaging statement made/published?

Ask Your Own Legal Question
Lawyer: Attorney2, Attorney replied 2 months ago

"Texas law uses the phrase "defamation of character" to cover incidents in which someone makes a false statement to injure another person's reputation or imply the person has bad character. Defamation of character includes libel, in which such statements are written, and slander, in which such statements are spoken. Texas has two types of defamation actions: defamation per se and defamation per quod. Each have different levels of proof burdens.

Elements

To prove defamation of character in Texas, a plaintiff must demonstrate that the defendant made a false statement to a third party about the plaintiff with the required degree of fault. The amount of fault required differs depending on whether the statement is about a public official, a public figure or a private individual." https://legalbeagle.com/6363910-constitutes-defamation-character-texas.html

Ask Your Own Legal Question
Lawyer: Attorney2, Attorney replied 2 months ago

"There are two types of actionable defamation under Texas law: defamation per se and defamationper quod. These Latin terms can be confusing, but put simply, they involve different levels of proof for each Plaintiff. A claim for defamation per quod means that a statement is defamatory due to circumstances. While the statement is not defamatory when viewed on its face, due to circumstances, the statement can be considered defamatory. A Plaintiff will have to not only prove the defamatory nature of the statement, but also the amount of damages caused by the publication of the statement.

Defamation per se means a statement that is defamation “by itself.” A person claiming defamation per se does not have to prove that they suffered damage to their reputation or any monetary loss. The statement speaks for itself—it is defamatory, and thus, the plaintiff is entitled to damages. In Texas cases involving defamation per se, “our law presumes that statements that are defamatory per se injure the victim’s reputation and entitle him to recover general damages, including damages for loss of reputation and mental anguish.” Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002).

The law presumes certain categories of statements are defamatory per se, including statements that (1) unambiguously charge a crime, dishonesty, fraud, rascality, or general depravity or (2) that are falsehoods that injure one in his office, business, profession, or occupation. Main v. Royall, 348 S.W.3d 318, 390 (Tex. App.—Dallas 2011, no pet.). It is up to Texas courts’ interpretation of what statements are considered defamatory per se."

http://www.touchstonelaw.com/defamation-per-se-new-texas-supreme-court-case-addressing-professional-issues/

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

Ask Your Own Legal Question
Lawyer: Attorney2, Attorney replied 2 months ago

Do you have any additional questions for me?

Ask Your Own Legal Question
Ask Attorney2 Your Own Question
Attorney2
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7,539
7,539 Satisfied Customers
Experience: 29 Years In General Practice,

Attorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,325 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,245 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Are you an attorney? Alabama. I have em exe who is defaming
I have em exe who is defaming my character on Facebook. This is very serious in nature.… read more
Loren Stone
Loren Stone
467 satisfied customers
Do your attorneys take defamation cases on contingency? CA,
Do your attorneys take defamation cases on contingency? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
177 satisfied customers
In California, is it possible to file a defamation of
In California, is it possible to file a defamation of character claim against a place of business that files a police report alleging criminal threats, when one threatens to exercise their first amend… read more
Zoey, JD
Zoey, JD
Doctoral Degree
177 satisfied customers
I have a defamation issue and would like to speak to an
Hi I have a defamation issue and would like to speak to an attorney. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,417 satisfied customers
Defamatio of character. New york city. Just a defamation of
defamatio of character JA: What state are you in? It matters because laws vary by location. Customer: new york city JA: Has anything been filed or reported? Customer: no JA: Anything else you want the… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,514 satisfied customers
If a defamation would insite a criminal act from a mental
If a defamation would insite a criminal act from a mental person. Could the said person who slanders / defamation that person be held responsible of a crime? … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,223 satisfied customers
Who are the best defamation lawyers in the Buffalo, NY area?
Who are the best defamation lawyers in the Buffalo, NY area? … read more
Michael Bradley
Michael Bradley
JD
1,138 satisfied customers
I need the type of attorney who handles Defamation of
I need the type of attorney who handles Defamation of character suit's involving a World Wide Web organization posting available to Hostel Owner's. Over 12 reservation's in my itinerary to Israel were… read more
Expert
Expert
Managing Partner
Doctoral Degree
7 satisfied customers
I am being stalked/followed, harassed, and defamed. The
I am being stalked/followed, harassed, and defamed. The people who follow me go into the establishments that I conduct business with-restaurants, doctor offices, grocery stores, etc. and get security … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
141 satisfied customers
I need advice on dealing with possible defamation. In short,
I need advice on dealing with possible defamation. In short, a colleague is going through a divorce and her husband is accusing her of having an affair with me..which is not true. However, I'm an inde… read more
Expert
Expert
Managing Partner
Doctoral Degree
7 satisfied customers
We received a defamation of character certified letter. A
We received a defamation of character certified letter. A cease and desist. Should we be prepared for a lawsuit? The letter stated a lawsuit may be pursued if we continue to spwak about the individual… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,096 satisfied customers
Seeking legal advice for possible defamation, Alabama, No, I
I want to know whether my case is qualified as defamation.… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,184 satisfied customers
Is a consumer subject to a defamation... Is a consumer
Is a consumer subject to a defamation... Is a consumer subject to a defamation suit if filing a false e.g. "I think I've been scammed" to a Federal Agency, e.g. FTC, CFPB etc.? (it's been reported tha… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,384 satisfied customers
Will defamation stand alone as a cause of action under the
Will defamation stand alone as a cause of action under the Arkansas Deceptive Practice Act (ADTPA) What if it was filed with other causes of action and they were dismissed, would defamation stand alon… read more
Lucy
Lucy
Juris Doctor
128 satisfied customers
The SOL will expire in late fall upon a case of defamation
The SOL will expire in late fall upon a case of defamation by a fairly over an act of defamation that I incurred by a … read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
Seeking an attorney on contingency on complex defamation
Seeking an attorney on contingency on complex defamation and sexual … read more
Loren Stone
Loren Stone
467 satisfied customers
Is it possible to sue for Defamation and mental anguish as a
Is it possible to sue for Defamation and mental anguish as a part of a Lawsuit under the Arkansas Deceptive Practice Act.… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,325 satisfied customers
Is a teacher/coach liable for defamation of character
is a teacher/coach liable for defamation of character towards a student for telling faculty throughout school system that the student quit playing a sport due to being pregnant? The student isn't preg… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,384 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x