Legal Question in Personal Injury in New York
Burden of Proof in Libel
Who has the burden of proof in a libel case? Does the plaintiff have to prove the statements were false? Or does the defendant have to prove that they were true?
2 Answers from Attorneys
Re: Burden of Proof in Libel
Under current American law it depends if you are a "private citizen" or a "public figure" or if the proposed libel was of "public interest." If you are a private citizen or interest was not public in nature, burden is on the Defendant, otherwise it is on plaintiff.
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Re: Burden of Proof in Libel
The burden is civil cases is always on the plaintiff to prove their case by a preponderance of the evidence. In your instance, the plaintiff must prove the elements of libel. Truth is an absolute defense to libel and will defeat a libel claim.
Good luck!
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