Defamation For Bad Review In Virginia
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FAQ
The short answer is yes, it is possible to sue for a bad review. But only if it qualifies as defamation, which means you need to be able to prove it's both untrue and that it negatively affected your business.
Not all negative reviews amount to defamation. Some negative reviews can even have some merit to them. However, an online review goes too far when it states a verifiable fact that harms the business' reputation and can be proven false. These reviews can amount to defamation or libel.
To be successful with defamation claims under Virginia Law, plaintiffs need to show the following elements: Factual assertion: The statement should be a claim of fact, not an opinion, a joke, or a hyperbole. False: It should be a false statement. It is not slander if the statement is the truth or substantially true.
This means that you are protected if: Your review is factually accurate, even if it's negative. You used your best efforts to get all the facts right, even if they ended up being wrong. You are simply stating your opinion.
This means that you are protected if: Your review is factually accurate, even if it's negative. You used your best efforts to get all the facts right, even if they ended up being wrong. You are simply stating your opinion.
Your reputation must suffer harm — The false and defamatory statement at issue must actually damage the reputation of the subject of the statement to support a lawsuit for defamation. The burden is on the plaintiff (the person bringing the lawsuit) to prove such damage — often a difficult task.
To be successful with defamation claims under Virginia Law, plaintiffs need to show the following elements: Factual assertion: The statement should be a claim of fact, not an opinion, a joke, or a hyperbole. False: It should be a false statement. It is not slander if the statement is the truth or substantially true.
Truth, or substantial truth, is a complete defense to a claim of defamation.
With the exception of punitive damages, there is no set limit on damages in Virginia defamation cases. Punitive damages are limited to $350,000. Easy or early settlements are rarer than you may expect. Cases resolved early are often heavily discounted.
The Vital Time Limit In defamation law, timing is crucial. Both libel and slander claims must be initiated within 12 months from the date of the statement's publication.
