Help for the Pain

Positive online reviews provide critically important information to help to entrepreneurs who rely on internet marketing. Small business owners who work very hard to please their customers definitely do hope to receive positive reviews from customers. Unfortunately, not everyone is going to walk away happy, and less-than-positive reviews do end up being published. A standard bad review is one thing. When the review crosses over into the realm of libel or defamation, then you may be able to file a personal injury.

Bad Reviews That Cross the Line

Anyone who eats at a particular restaurant and doesn't like the food can leave a bad review. People who are dissatisfied with a carpet cleaning job at their house are probably going to write bad reviews. As long as the review reflects honest opinions and verifiable facts, legal trouble is not going to rise. Statements could get the reviewer in a lot of trouble if the comments are libelous. Libelous statements are false and prone to cause injury to a reputation, lead to monetary damages, and, possibly, mental suffering.

Saying a hamburger was the worst you ever ate is one thing. Falsely stating the hamburger contains rat meat, well, that is a whole other matter. A restaurant's reputation could be ruined forever if people believe the claim. Making claims that a carpet was poorly cleaned because the workers were "obviously" under the influence of illegal substances could create a lot of problems for a reviewer when it turns out all employees recently passed a drug test.

Review the Reviews

If you own a small business and are concerned about potential libel, look for items in reviews that personally and maliciously attack you, your employees, or the business's reputation itself.  Fact check the bad reviews thoroughly to determine if any false statements are present. Keep detailed notes of any loss of business after a libelous review was published. Of course, contact a personal injury lawyer who handles libel cases upon feeling your business is unfairly suffering.

The Review May Survive

If a review is defamatory, a recent court case in Virginia ended with an interesting ruling. The plaintiff injured by the bad review was awarded monetary damages, but the review could not be changed due to the First Amendment. What does this mean? The false and defamatory review could remain online even after a desirable court ruling.

What can you do if this happens in your case?

Upon winning a civil suit after having proven defamation in the eyes of the court, ask a lawyer like Modesitt Law Offices PC to write a letter to the website that published the review. Request the site provide some documentation on the bad review about the false statements and the outcome of the litigation. Hopefully, the website will comply.