- can-you-be-sued-for-a-negative-online-review - The legal line between opinion and defamation
- real-cases-where-reviews-led-to-lawsuits - True stories that shaped online speech law
- understanding-defamation-vs-opinion-in-reviews - What courts consider when evaluating reviews
- what-you-should-avoid-saying-in-reviews - Language that might cross the legal line
- how-to-protect-yourself-when-leaving-reviews - Writing smart, truthful feedback online
- when-to-consult-an-employment-lawyer - Getting help if you’re being threatened or sued
Can You Be Sued for a Negative Online Review?
The short answer is yes, you can be sued for a negative online review—but it depends on what you say. In the United States, your right to express your opinion is protected by the First Amendment, but that protection is not absolute. When a review includes false statements presented as fact and causes measurable harm to a business or individual, it may cross the line into defamation.
Many people assume that leaving a bad review—on Yelp, Google, or social media—is completely safe. But as online platforms grow in influence, businesses are becoming more aggressive about challenging reviews they believe are unfair or damaging. In some cases, lawsuits have followed.
Real Cases Where Reviews Led to Lawsuits
In 2022, a Texas woman was sued for $1 million after leaving a one-star Google review about a dental clinic, claiming they had committed insurance fraud. The clinic argued the statements were false and defamatory. Although the case didn’t lead to a verdict, it sparked national discussion about how far a review can go before it becomes legally actionable.
Another case involved a pet boarding service that sued a customer over a Facebook post accusing the facility of abuse. The court found that because the statements couldn’t be backed up with evidence, the business had grounds to move forward with a defamation suit.
These cases show that while negative reviews are common, the language and claims used in them matter a lot—especially when they imply criminal behavior or dishonest business practices.
Understanding Defamation vs. Opinion in Reviews
What Is Defamation?
Defamation is the act of making a false statement of fact that harms someone’s reputation. It must be published (e.g., posted online), false, and cause actual damage—financial or reputational. Truth is always a defense against defamation.
Protected Opinions
Statements like “I didn’t like the food” or “The staff was rude” are opinions and typically protected speech. However, saying “This restaurant has rats in the kitchen” without evidence could land you in legal hot water.
Mixed Statements
Some reviews blend facts and opinions in ways that complicate legal analysis. Courts may examine the context, tone, and whether the average reader would interpret the statement as a provable fact.
What You Should Avoid Saying in Reviews
False Claims
Don’t accuse businesses of illegal activity, unethical conduct, or serious professional misconduct unless you have documentation or direct proof.
Overly Emotional or Hostile Language
Calling someone a thief, scammer, or criminal without evidence could be interpreted as a factual accusation—not opinion.
Third-Party Allegations
Avoid referencing hearsay (“I heard they hurt another client”) or making claims about what others supposedly experienced. Stick to your direct personal experience.
How to Protect Yourself When Leaving Reviews
Stick to the Facts
Describe exactly what happened to you, without exaggeration. Be specific but fair. Instead of saying “they lied,” say “they told me the price was one thing, but charged another.”
Use Neutral Language
You can still be honest without being inflammatory. Writing, “I didn’t feel heard” or “The wait time was longer than expected” communicates dissatisfaction clearly and safely.
Save Documentation
If your review might be challenged, save receipts, emails, or messages that support your claims. This can be invaluable if legal threats arise.
When to Consult an Employment Lawyer
If you receive a cease-and-desist letter or are sued over a review, don’t panic—but don’t ignore it either. Consulting with a legal expert can help you assess the risk and respond appropriately.
At Central Texas Employment Lawyers, we’ve advised clients on both writing reviews safely and defending against review-related lawsuits. If you're unsure whether your review puts you at risk—or you're facing legal action—reach out to our team for guidance.
Remember, the internet may feel like a free-for-all, but what you write online can have serious consequences. Know your rights, speak the truth, and when in doubt, talk to a professional.
