Exaggeration is a common rhetorical device. People writing or speaking to an audience may use a little extra flair to increase the interest of other parties. In some cases, exaggeration can raise questions about the veracity of a person’s claims.
In scenarios where an individual makes negative, damaging statements about a business or professional, that conduct could theoretically constitute defamation. If the disparaged party decides to take legal action, the defendant responding to the lawsuit might try to allege that the truth or veracity of their statement is their defense. In such cases, evaluating the extent and impact of exaggerated rhetoric can become a key element of one’s legal case.
Are the statements true or mostly true?
Claiming that a meal was the most disgusting food a person ever consumed is likely an exaggerated statement. However, if there is proof of contamination, as established by photographs, statements from employees at a restaurant or testing results, then the exaggeration itself may not constitute defamation because the underlying claim that the food was unacceptable has a basis in fact.
When hyperbolic rhetoric reaches a point that it blurs the line between fact and fiction, a party accused of defamation may no longer be able to point to the veracity of their statement as a defense against a defamation lawsuit. Businesses and professionals impacted by overwrought claims and exaggeration that damages their reputation may sometimes be able to pursue a defamation claim against the party that shared misinformation with others.
Documenting defamatory statements and reviewing the truth of the matter with an attorney can help business leaders and professionals explore their options. A successful business lawsuit can prevent continued defamation and may lead to compensation for the impact of previous statements.