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

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Hi i have a...

Hi i have a question about defamation per se

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state you're in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

I am a business owner, and one of the previous customer made a written claim which is false and damaging our rep a lot

Submitted: 10 months ago.Category: Legal
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10/6/2017
Lawyer: Attorney2, Attorney replied 10 months ago
Attorney2
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Lawyer: Attorney2, Attorney replied 10 months ago

Where was the false and damaging statement made/published?

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Lawyer: Attorney2, Attorney replied 10 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

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Lawyer: Attorney2, Attorney replied 10 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/

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Lawyer: Attorney2, Attorney replied 10 months ago

Do you have any additional questions for me?

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