Is there ever a presumption of falsity in libel/slander lawsuits?

[zachw7]

There is an issue involving a claim of sexual harassment, to which a civil suit may be brought against the claimant. I would like to know when, if ever, the claimant’s accusations would be considered false unless proven otherwise.
EDIT: The state is New York

 

[Just Blue]

There is an issue involving a claim of sexual harassment, to which a civil suit may be brought against the claimant. I would like to know when, if ever, the claimant’s accusations would be considered false unless proven otherwise.

What state?

 

[quincy]

There is an issue involving a claim of sexual harassment, to which a civil suit may be brought against the claimant. I would like to know when, if ever, the claimant’s accusations would be considered false unless proven otherwise.

In your first posting, you said you were in New York, right?

There actually is no presumption of falsity in defamation actions.

There is, however, a presumption of injury to a person’s reputation when false statements are made claiming the person is unchaste, or has a loathsome disease, or has committed a crime, or is unfit, unskilled, unethical, or dishonest in his chosen trade, occupation or profession. These defamation per se statements do not require proof of injury for damages to be awarded. The injury is presumed.

These statements must be false. Truth is an absolute defense to claims of defamation.

 

[zachw7]

In your first posting, you said you were in New York, right?

There actually is no presumption of falsity in defamation actions.

There is, however, a presumption of injury to a person’s reputation when false statements are made claiming the person is unchaste, or has a loathsome disease, or has committed a crime, or is unfit, unskilled, unethical, or dishonest in his chosen trade, occupation or profession. These defamation per se statements do not require proof of injury for damages to be awarded. The injury is presumed.

These statements must be false. Truth is an absolute defense to claims of defamation.

Thanks so much this was really helpful!

 

[quincy]

Thanks so much this was really helpful!

You’re welcome, zachw7. I appreciate the thanks.

If you have accused someone of sexual harassment or someone has accused you of sexual harassment, and a defamation lawsuit seems imminent, speaking to a lawyer in your area would be wise and is advised.

 

[zachw7]

I was just asking to attain info for third parties. I’m not involved in any way, just interested.

 

[quincy]

I was just asking to attain info for third parties. I’m not involved in any way, just interested.

I am happy to learn you are not involved.

Good luck to the third parties. I hope they can resolve matters without a lawsuit.

 

[PayrollHRGuy]

Also, the person bringing the claim has the buron to prove the claim.

 

[quincy]

That is a burden common to all plaintiffs in all lawsuits.

For defamation claims, there are five conditions that must be present before a suit can hope to succeed.

These necessary conditions are:

1. Publication (communication of a false statement of fact to one person other than the person defamed);

2. Identification (a false statement of fact must be published about an identified or identifiable person);

3. Defamation (a false statement of fact must injure a reputation or, in some cases, cause emotional distress);

4. Fault (a false statement of fact must be published without the due care used by an average person of ordinary sensibilities - i.e. negligence - or published with knowledge that the statement was false or with a reckless disregard for truth or falsity - i.e. actual malice).

5. Injury (a false statement of fact must be shown to have caused reputational injury - i.e. an out-of-pocket monetary loss, impairment of standing in the community, personal humiliation, mental anguish and suffering).

The failure by a plaintiff to meet any one of these conditions can defeat a claim of defamation.

 

[FlyingRon]

And there's no presumption one way or another. Each side needs to show a preponderance of the evidence to support their position.

 

[quincy]

The only presumption would be if the court decides the false statement is defamatory per se (defamatory by itself without extrinsic evidence). Reputational injury in that case would be presumed.

Although damages can be awarded on presumed injury, the damages awarded on presumed injury alone are often nominal (in some cases, as low as $1.00), so it is best if there is evidence to support the reputational harm caused by the defamatory statement.

 

[Zigner]

And there's no presumption one way or another. Each side needs to show a preponderance of the evidence to support their position.

Technically...
The plaintiff in the suit needs to show that it occurred by a preponderance of the evidence.

 

[zddoodah]

I would like to know when, if ever, the claimant’s accusations would be considered false unless proven otherwise.

Never. The plaintiff has the burden of proving all elements of his/her cause of action, and falsity is one such element.

And there's no presumption one way or another. Each side needs to show a preponderance of the evidence to support their position.

As phrased, that's not accurate. The plaintiff has the burden of proving the elements of his/her claim. If the defendant's "position" is that one or more elements of the plaintiff's claim cannot be proven, the defendant has no burden in connection with that position. The defendant does, however, have the burden in connection with any affirmative defenses.

 

[quincy]

It will depend on the defense. Truth or falsity does not have to be shown if, for one example, the statement was privileged.

There is a one year statute of limitations for filing a defamation claim in New York. The claim must be filed within one year from the date of first publication of the defamatory statement.

And the standard of fault depends on whether the one defamed is a private or a public figure.