A false online review can quickly reach patients, investors, clients, and others who search your name or business. For professionals whose reputations directly affect their livelihoods, the consequences can extend well beyond a negative rating.
If your business is being targeted, the question naturally becomes, can you sue someone for a bad review? The answer is potentially, when the review crosses from opinion into a false statement of fact. That line is often difficult to draw, so it is worth seeking legal counsel before you respond.
Colorado defamation attorney Nicole A. Westbrook has spent more than two decades handling high-stakes reputational matters for physicians, tech executives, hedge-fund managers, and other professionals whose reputations carry real economic weight. If a false business review has damaged your practice, your fund, or your standing in your industry, contact Nicole online or call (303) 785-1666 to find out whether the statement may support a defamation claim.
Not every negative review is defamation.
A defamation claim in Colorado requires proof of the following:
Online reviews typically involve libel because they appear in written or other fixed form, while slander generally involves spoken defamatory statements. For example, a false written review claiming a surgeon performed a procedure while impaired may constitute libel. A colleague who falsely tells hospital administrators that the same surgeon was impaired during surgery may commit slander.
Colorado recognizes defamation per se for certain statements whose defamatory meaning is apparent on their face. Traditional categories include false accusations that someone committed a crime or engaged in conduct incompatible with their trade or profession. A bad business review may fall within one of these categories when it makes the required type of factual accusation rather than merely expressing dissatisfaction.
A review calling a physician’s bedside manner “cold” is an opinion. A review falsely accusing the physician of performing a procedure while impaired, for example, could directly attack the physician’s professional fitness.
Similarly, falsely accusing an investment fund manager of stealing client money alleges criminal conduct. When a review qualifies as defamation per se, the plaintiff generally does not need to prove special damages (specific monetary losses).
A case of fake reviews or posts from someone who was never a client or patient at all may also provide strong evidence of falsity, although the remaining elements of a defamation claim still must be established.
Colorado courts distinguish between actionable factual assertions and protected opinions. A statement based on disclosed, substantially true facts may constitute protected opinion, even when the speaker uses harsh language to characterize those facts. Whether a statement is fact or opinion depends on its content and context.
Colorado’s Anti-SLAPP statute may also apply to a claim arising from a review that touches a matter of public interest or a public issue. If the reviewer establishes that the Anti-SLAPP statute applies, you must show a reasonable likelihood of prevailing on your claim. A successful Anti-SLAPP motion can result in early dismissal and an award of attorney’s fees to the defendant.
Some defamation claims require proof of “actual malice”, meaning the defendant knew the statement was false or acted with reckless disregard for whether it was true. This heightened standard applies to public officials and public figures and can also apply when a private person challenges statements involving a matter of public concern.
For example, a review addressing patient safety, financial misconduct, or another topic in which the public has a legitimate interest may raise a different standard than a purely private dispute. Whether actual malice applies depends on the plaintiff, the statement, and the circumstances.
Before determining whether you can sue someone for a bad review, you need to consider both what the reviewer said and the legal standards that may apply. Does the review make a false factual accusation, or does it simply voice an unflattering opinion? Does it touch a matter of public interest under Colorado’s Anti-SLAPP statute? What level of fault must you prove? Answering these questions can help you determine whether you have a viable claim and what risks you may face in pursuing it.
If your business has received a defamatory online review, contact attorney Nicole A. Westbrook online or by calling (303) 785-1666 today. Distinguishing a protected opinion from an actionable false statement, and building a claim that survives an anti-SLAPP challenge rather than being dismissed at the outset, are precisely where experience matters most. Her practice centers on evaluating defamation claims with precision, separating genuine cases from statements and online reviews that, however painful, the law protects as opinion. She can tell you where your situation falls, so you can decide how to proceed.
No. A review must contain a false statement of fact, not merely an opinion, to support a defamation claim. Harsh criticism of your service, without a false factual accusation, is generally protected speech.
A review may qualify as defamation per se if it falls within one of Colorado’s recognized per se categories, such as falsely accusing someone of criminal conduct or unethical professional conduct. Common examples include false claims of fraud, malpractice, or theft.
Possibly. Under Colorado’s Anti-SLAPP statute, a reviewer can file a special motion to dismiss when the statutory requirements are met. If the statute applies, you would then need to show a reasonable likelihood of prevailing on your claim or risk dismissal and an award of the reviewer’s attorney’s fees.
Generally, Colorado imposes a one-year statute of limitations on libel and slander claims. Because determining when a claim accrued can be fact-specific, speak with an attorney promptly rather than calculating the filing deadline yourself.
Preserve screenshots immediately, since reviews can be edited or deleted, document who posted them and any relationship to your business, and speak with an attorney to review whether any statements are actionable.
Legal References Used to Inform This Page
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