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food poisoning online slander

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  • food poisoning online slander

    I am the owner of a restuarant and recently had a customer approach me with a complaint that she had food poisoning. Now im usually trusting of people so i took her word for it and told her that we would happily compensate her for the trouble. She just wants her hospital bill and some wage loss compensated. I immediately filed a claim with my business insurance and they are going to handle the situation.
    Her doctor said the cause of her illness was from "improperly refrigerated food" but since there is no way of knowing what else she ate that day, are we supposed to take her word for it?
    A few days after the incident, her boyfriend posted a bad review of my restaurant stating the food poisoning and all. We talked about it and i asked him if the insurance were to settle, would he be kind enough to take it down. He said yes, but im afraid that if my insurance doesnt settle, he wont take it down. Can i take legal action after that? or...since he wasnt even the one to get sick, how can be allowed to write that on someone else's behalf?
    Since this has NEVER happened in the 6 years ive been open, i have been very empathetic to their situation and im doing everything i can to remedy it, but i will NOT be the sucker in this situation. Especially if they are trying to scam me and hurt my business. any help would be appreciated.

  • #2
    Re: food poisoning online slander

    I wish to inform you that you may first check the contents of what was consumed by the complainant and if it contained any ingredients of "improperly refrigerated food". Further, you may check if the same item on the menu taken by the complainant was served to how many more persons that day and if they had any complaint. This information may be ascertained from your bill book. If the lady was the only person to consume that food item that day, then her complaint may have merit. But if she was among several persons, then her case would be uncertain. Regarding the publication of a bad review of your hotel by her boyfriend, you may ask the publisher to also publish your view point. You may also give a written notice to the boyfriend to delete the damaging information. If he does not agree, you may file a lawsuit to seek temporary restraining order or injunction from the court in the matter.

    AFF

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    • #3
      Re: food poisoning online slander

      "We talked about it and i asked him if the insurance were to settle, would he be kind enough to take it down. He said yes, but im afraid that if my insurance doesnt settle, he wont take it down."

      So you want him to take it down either way? After agreeing as above? That hardly seems fair.

      The patron determined she was sickened by something in your restaurant. By filing a claim with your insurance, you are agreeing with her. There is nothing illegal about her posting an accurate review.

      Get the board of health in to do an inspection, perhaps there's something you've overlooked. If not it was perhaps a one time thing.

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