June 9, 2022

Business Disparagement

A case of business disparagement could have a variety of different outcomes. Although false statements may cause injury to a business, they must be malicious in nature and made by a defendant who knew that the statement was false and did nothing to prevent it. Additionally, there is a rule of law known as legal privilege that can protect certain statements from being used against a company. This protection includes statements made under oath during judicial proceedings or debates in state legislatures.

The burden of proof for a business disparagement claim is high. A plaintiff must present evidence that the defendant intentionally published false words about their business and that those words harmed them. Additionally, they must show that the statement was false and a public statement about the business would have been more damaging if the statement were true. Ultimately, truth is the best defense. If someone is dishonest about a company, it may be worth contacting a business law attorney.

Defamation is another issue that can arise with internet usage. False information about a business can lead to thousands of dollars in lost revenue. Tate Bywater does not condone such behavior but must take action when it damages the business. Otherwise, the internet could turn into a Wild West. And without a legal remedy, these actions may prove to be futile. A business may have a valid claim if it is the target of a false defamation.

The Texas Supreme Court has established four elements of a commercial disparagement case. They are the publication of false statements, omissions, and misrepresentations with the intent to damage a business. However, business disparagement cases are different from other types of litigation. Those who are the targets of a lawsuit should consider the possibility of filing a case against their defendant. Even if the defendant isn't the actual person who made the false statements, the defendant can still be held liable for the damages.

A business owner should remember that a lawsuit for business disparagement requires the plaintiff to prove a specific amount of special damages. It must prove a quantifiable economic loss. A business owner can get answers to their questions and commence the lawsuit against the alleged party. If a business owner is accused of business disparagement, the attorney will help gather the necessary information and facts to establish a case. The Curley Law Firm is ready to help.

The law of commercial disparagement is complex. The conflicting case law creates confusing interpretations. This article only scratches the surface of this area of the law. Contact a knowledgeable attorney immediately to discuss your case. And remember to take photos of the alleged person or entity that is the subject of the disparagement. These are important details to keep in mind because the law is constantly changing. So, make sure to check the Pennsylvania Unfair Trade Practices and Consumer Protection Act to make sure you get the justice you deserve.

envelope