Legal Expert Ugo Lord is interviewed by FoxLA regarding a business suing a comedian influencer. 
Автор: Ugo Lord: The Modern Attorney
Загружено: 2023-12-23
Просмотров: 250559
Plastic surgery clinic Wave Plastic Surgery Center in Koreatown is suing a TikTok influencer, Tina Kim, over her video in which she told her tens of thousands of followers not to go there after her experience.
FoxLA interviews business law attorney Ugo Lord for his legal perspective on this fascinating case. The key to a successful defamation lawsuit is that the plaintiff must prove the statement is false. If the statement is an opinion or an overgeneralization, or if the statement is substantially true, a plaintiff will not succeed. Although this lawsuit is still in its infancy, the facts of this case indicate that it will be an uphill battle for Wave Plastic Surgery Center to succeed.
This exclusive FoxLA coverage shows how influencer Tina Kim may have gone a bit too far and stepped into legal hot water. Instead of limiting her review to her experience, she attempts to drive people away from the facility by saying, "Do Not Go to this Wave Plastic Surgery Place." Additionally, it appears she exaggerated when she stated she waited for "like almost 15 minutes", but surveillance cameras show she only waited 4 minutes.
With that said, mere exaggeration is not enough to be found liable for defamation. The plaintiff must still prove that the exaggeration was made with malice or a reckless disregard for the truth. If a court finds that Ms. Kim's statements are substantially true, the influencer will succeed. Considering Ms. Kim clearly calls this video a "review" and goes further to say that it is not a reflection of the doctors at that facility but just her own experience, Ms. Kim has a strong probability of success. It is unlikely that an exaggeration of 11 minutes rises to the level of malice or reckless disregard for the truth absent further evidence.
Feel free to watch this fascinating legal story yourself and let us know your thoughts!
Video provided courtesy of @Foxla .
Read more regarding Ugo's take on this case by visiting: https://ugolord.com/koreatown-busines...
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