What is the Law on Damages in Minnesota Defamation Cases?
Defamation cases in Minnesota, as in most jurisdictions, are built on a delicate balance between protecting free speech and providing recourse for individuals who have suffered reputational harm due to false statements. The offending language must be a statement of fact that can be proven true or false and not a statement of opinion. When defamatory statements are made—whether spoken (slander) or written (libel)—Minnesota law provides remedies, including monetary damages, for those who can prove their case. But what exactly are the damages available in a Minnesota defamation lawsuit?
Types of Damages in a Defamation Case
Minnesota law recognizes three primary categories of damages in defamation cases: compensatory, presumed, and punitive damages.
- Compensatory Damages
Compensatory damages are awarded to make the plaintiff whole by addressing the actual harm caused by the defamatory statement. These damages fall into two subcategories:
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- Actual Damages: These include tangible harm such as lost wages, lost business opportunities, and other financial losses that result from the defamatory statement.
- General Damages: These cover non-economic harm, including emotional distress, mental anguish, and damage to reputation. Even if a plaintiff cannot prove specific financial losses, they may still recover damages if they can show their reputation was harmed.
- Presumed Damages
In certain defamation cases, damages may be awarded without the plaintiff having to prove actual harm. This applies primarily in cases of defamation per se, where the statement is so inherently harmful that damage to reputation is presumed. In Minnesota, defamation per se includes false statements that:
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- Accuse someone of committing a crime
- Allege someone has a loathsome disease
- Impugn a person’s business or professional reputation
- Falsely claim someone is unchaste
For these types of statements, courts may presume damages because the harm is considered obvious and unavoidable.
- Punitive Damages
Punitive damages are designed to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. Under Minnesota law, punitive damages are only awarded when the plaintiff can show clear and convincing evidence that the defendant acted with actual malice—meaning they either knew the statement was false or acted with reckless disregard for the truth.
Proving Damages in a Defamation Case
To successfully recover damages in a Minnesota defamation lawsuit, a plaintiff must establish the following:
- The statement was false
- The statement was published to a third party
- The statement caused harm to the plaintiff’s reputation
- The defendant was at least negligent in making the false statement
If the plaintiff is a public figure or public official, they must also prove actual malice, which is a much higher standard than for private individuals.
Conclusion
Defamation law in Minnesota provides strong protections for those who suffer reputational harm due to false statements, but proving damages can be a complex process. Whether pursuing compensatory, presumed, or punitive damages, plaintiffs must present compelling evidence to substantiate their claims. Likewise, defendants have several defenses available, including truth and privilege, making these cases highly nuanced.
If you believe you have been defamed or are facing a defamation claim, seeking experienced legal counsel is essential. At Parker Daniels Kibort, we provide strategic legal guidance to navigate these complex issues and protect your rights.
Andrew Parker is a co-founder and co-managing partner of Parker Daniels Kibort. His extensive litigation experience and deep knowledge of defamation law allow him to provide effective representation for clients facing reputational challenges.
Parker Daniels Kibort is a premier litigation firm in downtown Minneapolis with extensive experience representing plaintiffs and defendants in high-profile defamation disputes. If you are considering filing a defamation lawsuit or if you have been sued about something you said, we can provide wise counsel and strong representation. For more information, contact us at 612-355-4100 and go to www.parkerdk.com.
