In a scenario that has become more and more common, a Chicago-based concrete company sued would-be customer Helen Maslona after she posted a scathing review on the popular Angie's List Web site, CBS News reported.
She gave the company an "F" grade on Angie's List after the company refused to give her an estimate, claiming her home was outside its service area. Michael Fitzgerald, owner of All Fields of Concrete Construction, shot back with a $10,000 lawsuit claiming defamation.
Illinois injury attorney Phillip Zisook, who specializes in defamation cases, said Internet review cases like this one are typically hard to prove. It must be a false statement of an objectively verifiable fact in order to be considered defamatory, he said:
"Merely stating an opinion, although it is very negative and published on the Internet, does not necessarily mean you have a viable defamation action."
Helen Maslona was surprised that the firm, which is just five miles from her home, doesn't work in her area. According to Angie's List, she said, the company does in fact work in her neighborhood. She reported the fact that she was refused service on the review site and gave it the worst possible grade.
Michael Fitzgerald claims the woman "willingly and maliciously tried and succeeded in damaging my company's reputation." Helen Maslona, however, insists she "just stated exactly what happened."
Michael Fitzgerald told CBS reporters the following:
"I'm not trying to be a jerk. It's just hard to have somebody slander you."
If she merely stated what actually happened, then she has the truth on her side. And as Illinois injury lawyer Phillip Zisook stated, her opinion that the company deserves an "F" rating may not be considered defamation by the courts.
Related Resources:
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Defenses to Libel and Slander (FindLaw)
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Yelp Reviews to Get Responses from Businesses; Defamation and Online Reviews (FindLaw Free Enterprise Blog)
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Consult with a Chicago Accident Attorney (FindLaw)
