Defamation lawsuits are something that people are generally aware of, but they aren’t well understood.
Tune into this blog where Elizabeth Harris, business attorney and partner at Richards Rodriguez & Skeith breaks down how defamation lawsuits occur in Texas for businesses.
What is Defamation?
Defamation is defined as the invasion of a person’s interest and their reputation and good name. Modern defamation law is a mixture of common law rules, state statutory rules, and First Amendment protections.
General Elements of a Defamation Claim
- The defendant published a statement of fact that referred to the plaintiff
- The statement was defamatory and false, and the plaintiff suffered injury
A common situation we see often from clients is that they have a disgruntled employee, customer, or competitor saying negative things about them. Generally, a client wants to know if they can sue for defamation to make them stop.
Read Our Blog: Understanding Texas’ Court System and the 15th Court of Appeals
What Should a Business Owner Know Before Filing a Defamation Lawsuit?
There are considerable risks when it comes to filing a defamation lawsuit. Texas adopted the Texas Citizens Participation Act (also known as the anti-SLAPP statue). This statue protects First Amendment rights such as free speech.
If you want to pursue a defamation claim, the evidence needs to be solid. Otherwise, the case can be dismissed early in the case, and you will be responsible for the defendant’s attorney’s fees.
Depending on the individuals involved in the case, the burden for the plaintiff is higher, especially when the statements concern public figures, media organizations, or matters of public concern.
Read Our Blog: What Texas Businesses Should Know About Privacy Laws
Additional Concerns Regarding Defamation Lawsuits
Employers can be technically held vicariously liable for statements made by employees within the scope of their employment. A company’s internal policies should take this into consideration to minimize their risk of getting sued.
Defamation concerns shouldn’t be taken lightly, and the litigation can be quite expensive and time-consuming.
Recent cautionary tales include the Dominion lawsuit against Fox News, which ended up settling for over $787 million.
In the right circumstances, a defamation lawsuit can be a powerful tool. It is something that Texas companies take seriously. If you need to assess litigation regarding a defamation lawsuit, contact Richards Rodriguez & Skeith. Our experienced business law attorneys can examine your case and its specific needs.
