Would Your Negative Review Hold Up In Court?

by Kim Niemi

Negative reviews are par for the course in the hospitality industry, but this time a nasty customer review, meant to throw a little shade on an Oregon hotel, went too far. And the hotel isn’t taking it lying down. 

​In case you were under the impression that social sabotage only affects businesses, here’s a case of social sabotage that backfired on the saboteur.

After a stay at the Ashley Inn in Lincoln City, Oregon, someone with the username “12Kelly” posted a negative  review on TripAdvisor that included the assertions that, “[the] laundry and housekeeping are either high or drunk” and that  the “owner smokes weed.”

If “12Kelly” was trying to stir up trouble, they got their wish. The hotel has filed a defamation lawsuit to stop further posts and additional damage to the establishment’s reputation. The review was anonymous, but it’s only a matter of time before they connect the dots.

A few lessons from the reviewer’s side:

• Anonymity on the Internet is an illusion – no doubt the prosecutors will find “12Kelly” and he or she will wish they’d kept their mouth shut
• Freedom of speech does come with limitations – you can’t yell “Fire!” in a crowded movie theater (unless it is actually on fire), and you can’t just hurl anonymous, public insults at whoever you feel like without cause
• Businesses are adapting quickly to digital feedback and its, sometimes, negative results – they take these types of comments seriously; if you mess with them, you should expect repercussions

Don’t believe us? The precedent has already been set. The Oregon Court of Appeals recently ruled in favor of a wedding venue seeking to sue a wedding guest whose Google review stated, among other things, that attending an event at the outdoor venue was "The worst experience of my life!"

Online reviews can be a wonderful thing – the ability for those who have tried a product to share their experience with those wondering if making the same purchase will be worthwhile is an advantage of the digital age. Just be careful not to abuse the privilege, or you might end up in hot water.