M Civ JI 118.08 Libel or Slander of Private Person - Nonprivileged Communication

The plaintiff has the burden of proving that the defendant was negligent in making the statement.

When I use the word “negligent,” I mean the failure to do something which a reasonably careful *person would do, or the doing of something which a reasonably careful *person would not do, under the circumstances that you find existed in this case. It is for you to decide what a reasonably careful *person would do or would not do under such circumstances.

Note on Use

*Use of the word “person” may be inappropriate. See Gertz v Robert Welch, Inc, 418 US 323; 94 S Ct 2997; 41 L Ed 2d 789 (1974); Rouch v Enquirer & News of Battle Creek, 427 Mich 157; 398 NW2d 245 (1986).

History

M Civ JI 118.08 was added November 1990.