Is It Illegal to Leave a Company a Bad Review

Can you get Sued for Leaving a Bad Review?

By Matt Lalande in Articles on December 09, 2020

Can you be sued for leaving a Negative Online Review?  The answer is yes, you can become sued – merely it depends how bad the review is, and the motive backside it. It cost one Ontario man $116,000.00.

Online reviews have no doubt come a long manner – and are heavily relied on in many industries, especially in travel, retail and public service. Frequently times, Google – and Google reviews –  is more often than not the first point of interaction between customer, client or patient. Moreover, Google has besides recently introduced its ain feature of reviews where users can mail reviews directly on the Google Map listing or business' Google Local Business concern page. Google reviews are 1 of the well-nigh essential assets a business can own. It is an constructive way of maintaining a positive online reputation of your business. Small to medium business concern, and even leading companies, must get together reviews in lodge to generate positive image, attract potential customers, and to maintain strong image of the company.

Being a concern possessor, no matter the size, you lot probably already empathise how important customer reviews are and how they can touch your business concern. In add-on, customer reviews appear in numerous places around the web, including your business organisation website, 3rd party websites like Yelp, Twitter, Trip Advisor, ratemds.com, Facebook, and more than.

Why practice employ businesses utilize reviews?

When these reviews are posted beyond the web, Google presents them in a course of paid or organic stars in its search results. These reviews assist users decide the trustworthiness of the companies – and – it'southward been said that over 94% of potential customers, clients and patients read google reviews earlier contacting and engaging the company or function they have involvement in hiring.

This indicates that businesses must request / ask their customers to requite them reviews, monitor the reviews they receive to maintain their online reputation, invest time 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 following are some of the major reasons why reviews are important for small businesses:

• Reviews increase visibility;
• Reviews enhance credibility;
• Reviews enhance trustworthiness;
• Reviews offering crucial feedback;
• Reviews help determine the force and weaknesses of a company;
• Reviews connect businesses with clients and customers;
• Reviews aid with marketing.

Negative Reviews are Real – and for many Companies and People, are not Always Fair.

Being a business or service provider means you will no doubt interact unlike types of customers, patients and clients. While some are rather platonic customers, patients or clients who are polite and understanding fifty-fifty when they accept had a negative feel, there are others that unfortunately have bug even when everything goes well!

Other customers get out reviews out of spite, anger or simply equally a mode to be vindictive towards a business concern or person that they are not happy with….or not to mention businesses taking it out on their competitors by leaving negative reviews on their listings.

In other situations, a client 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 business concern, or peradventure there's a misunderstanding or confusion regarding the usage of the product or services.

Other customers, patients or clients, fifty-fifty with a negative experience, thankfully leave behind constructive suggestions or edit their reviews when you deal with the problem they have had.

People however, tend to leave skillful reviews if they are happy with the service or product they have received.

One website, revlocal.com referred to recent study that divided complaints into iii main categories:

Service result: 52 per centum complain about what they perceive as bad service;
Product issue: 31.4 percent complain most problems with products;
Policy bug: 16.6 percent will complain about policies they disagree with.

There are several popular online review sites related to service – such as RateMDs.com, a site launched in 2004 every bit a platform which allows patients, anonymous or not, to get out reviews for a particular dr., dentist, specialist or hospital of their choosing. The site has been quite successful at generating revenue every bit a effect of its high traffic source and ad sales to doctors, health care providers and insurance companies.

Unfortunately, and unfairly for some doctors, anonymous users can leave reviews that are defamatory, degrading, unfair, inaccurate or left in spite to intentionally to injure that detail doctor'southward reputation – leading the doctors with no other choice but to pay RateMD'south 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 Appeal upheld a judgment in a defamation example, in the corporeality of $50,000 ($116,000 full with motion costs and appeal costs)  payable past the defendant Mr. James Graham, who left multiple derogatory comments virtually a doctor on a RateMDs.com and other websites.

The story started when Mr. Graham's brother died post-obit a surgery. Mr. Graham, together with his blood brother'due south estate, and other family members, sued the attention physician and Hamilton Health Sciences Corporation. The medical negligence example went to trial and a Dr. Dick Zoutman was called to evidence and requite expert testimony on the legal outcome of causation. The jury ultimately dismissed the lawsuit against both the surgeon and Hamilton Health Sciences.

After the trial, Mr. Graham admitted to posting to ii derogatory comments about Dr. Zoutman on RateMDs.com, but had denied posting ten additional 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 court.

The guess adamant 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 corporeality of $25,000, and aggravated damages in the amount of $25,000.  He too 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 $fifty,000, all of which was appealed.

The Court of Entreatment upheld the decision and agreed with the motions Judge that Mr. Graham was the author of all the defamatory postings. They motions court Guess had no hesitation in concluding that Mr. Graham was motivated by malice, a conclusion that was heavily dependent on factual findings axiomatic from the postings. They ordered a farther $xvi,000.00 for a full of $116,000.00 payable to Dr. Zoutman.

The takeaway on leaving a bad review?

Exist very careful why, how and what you mail service when you make up one's mind to leave a negative review – which nosotros propose should only be done in the worst of circumstances.

This facts in this case are quite unusual, simply in most circumstances, only talking to the service provider or business about what you are unhappy most is the best way to go nearly things. Believe information technology or non, if you are courteous when you explain your thwarting, about providers or business organization will work with you to make things right.

That being said, defamation does be in cases involving  negative online reviews, but only if in that location is evidence of malice. Otherwise, no such action for defamation volition exist. Negative online reviews that are based on facts and honestly held, reasonable or unreasonably, will autumn unremarkably under something called "the off-white annotate defense" so long as the reviews are non derogatory, degrading and made out of malice.

There no dubiety that business – and professionals have reviews very seriously considering reviews can, in some cases,  influence the public. Brightlocal.com reported in Oct of 2019 that i negative review can bulldoze abroad approximately 22% of customers, whereas around iii negative reviews tin can bulldoze away 59% of customers.

There is ever that difficult balance even so, betwixt costless speech and defamation. Customers no incertitude have the right to express their stance and service providers and companies take the right to take a right to defend their integrity and their reputation – both on and offline.

The side by side time you are tempted to leave a bad review, remember that it takes an instant to publish your thoughts, so make sure that you firstly try to remedy your situation by talking with the business concern or service provider  y'all are unhappy with. Negative reviews should not exist left for trivial things such as a one time encounter with a rude clerk or the delay of a package.

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Source: https://injured.ca/can-you-get-sued-for-leaving-a-bad-review/

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