Can I Get Sued for a Bad Company Review
Tin can you get Sued for Leaving a Bad Review?
By Matt Lalande in Articles on December 09, 2020
Can yous be sued for leaving a Negative Online Review? The reply is yes, you tin can become sued – but it depends how bad the review is, and the motive behind it. It cost ane Ontario human being $116,000.00.
Online reviews have no doubt come up a long way – and are heavily relied on in many industries, especially in travel, retail and public service. Often times, Google – and Google reviews – is generally the beginning betoken of interaction between customer, customer or patient. Moreover, Google has as well recently introduced its own feature of reviews where users can mail service reviews directly on the Google Map listing or business' Google Local Business page. Google reviews are i of the most essential assets a business can own. It is an constructive way of maintaining a positive online reputation of your business organization. Small to medium business organisation, and even leading companies, must get together reviews in order to generate positive epitome, concenter potential customers, and to maintain stiff image of the company.
Being a business owner, no thing the size, you probably already sympathise how important customer reviews are and how they can impact your business. In addition, client reviews announced in numerous places around the web, including your business organization website, tertiary party websites like Yelp, Twitter, Trip Advisor, ratemds.com, Facebook, and more.
Why do employ businesses use reviews?
When these reviews are posted across the web, Google presents them in a form of paid or organic stars in its search results. These reviews aid users decide the trustworthiness of the companies – and – it's been said that over 94% of potential customers, clients and patients read google reviews before contacting and engaging the company or office they accept interest in hiring.
This indicates that businesses must request / ask their customers to give them reviews, monitor the reviews they receive to maintain their online reputation, invest fourth dimension in responding to those reviews (both positive and negative ones) and share their client reviews on their social media profiles to attract potential customers.
The post-obit are some of the major reasons why reviews are important for small businesses:
- Reviews increase visibility;
- Reviews enhance credibility;
- Reviews enhance trustworthiness;
- Reviews offer crucial feedback;
- Reviews help determine the strength and weaknesses of a company;
- Reviews connect businesses with clients and customers;
- Reviews help with marketing.
Negative Reviews are Real – and for many Companies and People, are non Ever Off-white.
Being a business concern or service provider means you lot will no doubt collaborate different types of customers, patients and clients. While some are rather ideal customers, patients or clients who are polite and agreement even when they have had a negative feel, in that location are others that unfortunately have bug even when everything goes well!
Other customers exit reviews out of spite, anger or simply equally a style to be vindictive towards a business or person that they are not happy with….or non to mention businesses taking information technology out on their competitors by leaving negative reviews on their listings.
In other situations, a customer might leave a negative review if he or she had a bad feel with your production or services, the customer has unrealistic expectations from your concern, or perhaps there's a misunderstanding or confusion regarding the usage of the product or services.
Other customers, patients or clients, even with a negative experience, thankfully leave behind constructive suggestions or edit their reviews when yous bargain with the trouble they have had.
People all the same, tend to exit good reviews if they are happy with the service or product they have received.
1 website, revlocal.com referred to recent study that divided complaints into 3 master categories:
Service outcome: 52 percent complain nigh what they perceive as bad service;
Product issue: 31.4 percent complain about issues with products;
Policy issues: 16.6 percent will mutter about policies they disagree with.
There are several pop online review sites related to service – such as RateMDs.com, a site launched in 2004 as a platform which allows patients, anonymous or not, to leave reviews for a particular doctor, dentist, specialist or infirmary of their choosing. The site has been quite successful at generating revenue equally a outcome of its high traffic source and advert sales to doctors, health care providers and insurance companies.
Unfortunately, and unfairly for some doctors, anonymous users tin can get out reviews that are defamatory, degrading, unfair, inaccurate or left in spite to intentionally to injure that particular medico'due south reputation – leading the doctors with no other choice simply to pay RateMD's an annual fee to remove the rating.
Leaving a bad rating out of malice ended upward costing an Ontario human $116,000.00 in damages and costs.
Recently, our Court of Entreatment upheld a judgment in a defamation case, in the amount of $l,000 ($116,000 total with move costs and appeal costs) payable past the accused Mr. James Graham, who left multiple derogatory comments about a doctor on a RateMDs.com and other websites.
The story started when Mr. Graham'southward brother died post-obit a surgery. Mr. Graham, together with his brother's estate, and other family members, sued the attending physician and Hamilton Health Sciences Corporation. The medical negligence case went to trial and a Dr. Dick Zoutman was called to bear witness and give expert testimony on the legal issue of causation. The jury ultimately dismissed the lawsuit against both the surgeon and Hamilton Wellness Sciences.
After the trial, Mr. Graham admitted to posting to two derogatory comments about Dr. Zoutman on RateMDs.com, but had denied posting ten boosted derogatory comments about Dr. Zoutman on both RateMDs.com and to other websites.
Dr. Zoutman asked Mr. Graham to remove the postings, but he refused.
In March of 2015, Dr. Zoutman sued both Mr. Graham and RateMDs for defamation. The lawsuit against RateMDs.com was eventually discontinued and the lawsuit against Mr. Graham proceeded to courtroom.
The judge determined that Mr. Graham had in fact authored a total of 12 postings! The judge also found that the postings were defamatory, derogatory and degrading to Dr. Zoutman, both personally and professionally. Some of the posts went to the core of his integrity.
The judge awarded Dr. Zoutman general damages in the amount of $25,000, and aggravated amercement in the corporeality of $25,000. He also ordered a permanent injunction which prevented Mr. Graham from the publicizing defamatory comments relating to Dr. Zoutman. Lastly, he ordered Mr. Graham to pay costs of $50,000, all of which was appealed.
The Court of Entreatment upheld the determination and agreed with the motions Gauge that Mr. Graham was the author of all the defamatory postings. They motions courtroom Judge had no hesitation in concluding that Mr. Graham was motivated past malice, a determination that was heavily dependent on factual findings axiomatic from the postings. They ordered a further $16,000.00 for a full of $116,000.00 payable to Dr. Zoutman.
The takeaway on leaving a bad review?
Be very careful why, how and what you postal service when you make up one's mind to leave a negative review – which we advise should only be done in the worst of circumstances.
This facts in this case are quite unusual, but in almost circumstances, just talking to the service provider or business about what you are unhappy almost is the best way to go well-nigh things. Believe it or not, if you are courteous when yous explain your thwarting, most providers or business will piece of work with you to brand things right.
That beingness said, defamation does be in cases involving negative online reviews, but only if there is evidence of malice. Otherwise, no such action for defamation will be. Negative online reviews that are based on facts and honestly held, reasonable or unreasonably, will fall commonly under something called "the fair comment defence" so long as the reviews are not derogatory, degrading and fabricated out of malice.
There no doubtfulness that business – and professionals accept reviews very seriously considering reviews can, in some cases, influence the public. Brightlocal.com reported in Oct of 2019 that ane negative review can drive away approximately 22% of customers, whereas around three negative reviews tin bulldoze abroad 59% of customers.
There is always that difficult rest even so, between free speech and defamation. Customers no dubiety have the right to express their stance and service providers and companies have the right to have a correct to defend their integrity and their reputation – both on and offline.
The next fourth dimension you are tempted to go out a bad review, remember that it takes an instant to publish your thoughts, so make sure that y'all firstly endeavour to remedy your situation by talking with the business or service provider y'all are unhappy with. Negative reviews should not be left for little things such every bit a once run across with a rude clerk or the filibuster of a package.
Source: https://injured.ca/can-you-get-sued-for-leaving-a-bad-review/
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