Proving Defamation Claims in Texas

To prove a cause of action for defamation in Texas, a plaintiff must prove that:

(1) the defendant published a statement of fact,

(2) the statement was defamatory,

(3) the statement was false,

(4) the defendant acted negligently in publishing the false and defamatory statement, and

(5) the plaintiff suffered damages as a result.

See Brown v. Swett & Crawford of Tex., Inc., 178 S.W.3d 373, 382 (Tex. App.-Houston [1 Dist.] 2005, no pet.) (citing WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex. 1998)); see also Tex. Civ. Prac. & Rem. Code Ann. § 73.001 (Vernon 2005).

An essential element of defamation or libel is that the alleged defamatory statement must be a statement of fact rather than opinion. Also, the statement must be false. In other words, if the statement is true, then it's really not a defamatory statement.