According to Florida law, the plaintiff bears the initial obligation to establish the essential elements of a defamation claim, including publication, falsity, the requisite level of fault, defamatory meaning, and resulting damages. For this reason, Florida courts emphasize that a plaintiff must first present a prima facie case before the claim may proceed.
In determining whether statements are defamatory, the finder of fact must first decide whether “from the language of the comment, it does not seem unreasonable to infer that persons hearing the same and possessed of a common mind might have taken it to mean that the plaintiff was a person with whom commercial relations were undesirable.” Wolfson v. Kirk, 273 So.2d 774, 778 (Fla. 4th DCA), cert. denied, 279 So.2d 32 (Fla.1973). The instant record reveals that, contrary to the trial court’s ruling, Scholz had presented a prima facia case of defamation by presenting evidence that the Magic’s statements were untrue, and by establishing *626 the context in which the statements were made and the impact they were likely to have on his profession.
See: Scholz v. RDV Sports, Inc., 710 So. 2d 618
Law Note: The burden differs depending on whether the plaintiff is a public figure or a private individual. Public figures must prove actual malice. Meaning, the defendant made the statement with knowledge of falsity or reckless disregard for the truth and must do so by clear and convincing evidence. Private individuals need only demonstrate that the defendant acted negligently regarding the truth or falsity of the statement.
Related:
Florida Defamation of Character Claims
3 Examples of Florida Defamation Cases Where Plaintiffs Won
Defamation Per Se: When Libel or Slander Is Egregious
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