Thinking of Slinging Mud With A Bad Review On Yelp? Brace Yourself For Nasty Litigation.

Let’s say you go to a restaurant, and the service is terrible. I mean, really bad. It took two hours to get your pizza, it was cold, and the waiter was rude as hell. You decide to leave a 1 star review, and write the following:

“Horrible experience. I hated the place. It took 3 hours to get my pizza, and it had a dozen dead cockroaches in it, and the waiter called me a “jackass,” challenged me to a fight, and then called my wife a whore. I told the manager about it, and she called me an “idiot” and a liar.”

Now, some things you say are pure opinion, and not defamatory. There is no such thing as a defamatory opinion, but there are defamatory facts. Saying you “hated the place” cannot be proven true or false, as it is your opinion. You could have liked it until now. Warning – saying something is “just my opinion” isn’t likely to save you. If you say, “In my opinion, Gary is a liar,” you have admitted facts by implication, which means you defamed him. You can’t save your defamatory statements by calling it your opinion.

Insults vs. Defamation – Insults Can Still Get You Sued

Like everything else, the law has a lot of exceptions. Generally, insults can’t result in any damages, unless you say something outrageous to a young child, or a person with a medical condition, etc. While you could be sued for anything, being sued for an insult can result in the case being dropped. Calling someone a “jackass” is an insult, and doesn’t count as defamation. Things change when you call a woman “a whore” – that is defamation per se (automatic defamation, unless of course, she is, then you have the “truth” defense). Same with calling someone “a liar.” Unless they are a liar, that too is defamation. False facts will get you into trouble. Saying you waited “3 hours” (when it was 2) is a false fact, as are stating that there were “cockroaches” in the pizza. You can be sued for falsely implying something negative: “Isn’t this diner subject to health regulations?” Well it’s a question, and not a statement, the “take away” isn’t good.

The restaurant gets wind of this post, and pulls up the videotape to show you lied, and then sues you for defamation. A good defamation lawyer will get you into instant trouble. Your recourse could be to file an anti-SLAPP motion – a motion that says what you did was essentially free speech on a public issue. That will not hold for false facts and false implications that harm the restaurant. Those will be disputed facts, so you lose the motion. The Court when viewing the evidence essentially gives the win to restaurant for facts in dispute for the purposes of the anti-SLAPP motion. If you win the anti-SLAPP, the case is over and you’re done. You also get your legal fees. In the interim, your hastily posted review has burned you for at least $10K in legal fees.

California Has A One-Year Statute of Limitation For Defamation

If more than one year has elapsed since the post went up, you are in the clear in California (unless it was published in a seldom or archaic journal that is not publicly accessible). They only have one year to bring the defamation claim.

Even though I have experienced terrible service, or even gross shit (such as a waiter coughing and sneezing right on a table with dishes), I do not write bad reviews. The legal trouble – which I could deal with as a trial lawyer – is not worth it. Your bad review could mean two or more years of legal wrangling, plus the potential damage award and the legal fees that pile up. There’s nothing wrong with informing the manager, and then kindly inform them that you are not going on Yelp to make the matter public. You will see a sigh of relief on the manager’s part. Legitimate businesses really want to do the right things, and see you come back as a customer. Bad reviews, especially FAKE ONES inflict damage on a restaurant’s reputation. Rather than “Yelp” them, see if you can calmly tell the manager what happened. I am positive they’ll want to fix the problem. And if you are nice about it, and not there to nuke the place, you’ll get even better service when you show up next time.

Now, are there exceptions? Sure. If I saw restaurant employees spitting in food, I’d sure as hell write a bad review. Otherwise, if you are going to leave a bad review, leave out the person’s name (because you add more plaintiffs against you). When you say “Brenda at The Musty Bucket Of Chicken….,” you have defamed Brenda and the Musty Bucket. That’s two defamation lawsuits. My point is that leave bad reviews for those times when it is really deserved. And, when you mention an employee’s name at the store, understand the emotional trauma you put upon that person. Each day that review is up, she is reminded of what you said, probably got into trouble as well, and feels embarrassed. You have the power to hurt people with bad reviews. Exercise that discretion wisely or you could wind up a defendant in a lawsuit, and calling a guy like me to figure how to get you out of trouble. Or, the restaurant owner will call a guy like me and tell me to sue you.