When Restaurants Fight Back: A Diner’s Failed Attempt to Sue a Food Critic for Defamation

by

23 November 2024

Legal

food critic

Restaurant reviews can make or break your business.

A positive review of your restaurant can keep your cash counter busy and tables filled with loud and happy customers. But, a negative review does the complete opposite, leaving hardly any cash to collect and fewer tables to clean. 

Food critics hold power, and restaurants know it. Some establishments accept criticism and learn from it. Others take a more aggressive approach that can backfire badly.

This is what happened to a well-known diner when they decided to fight back against a food critic. The results were not what they expected.

The Case of Il Giardino

A Vancouver-based Italian restaurant, Il Giardino, was a local favorite. It’s known for its classic pasta dishes and cozy atmosphere. But in 2011, the restaurant’s reputation was challenged. The trouble began when a respected food critic, Colin Thomas, wrote a review that painted the restaurant in a negative light. He described the food as bland, overpriced, and lacking the warmth it once had.

The owners of Il Giardino were furious. They felt that Thomas’ words were not just harsh but unfair and damaging. They believed his review crossed the line and hurt their business. So, they decided to take legal action and sue him for defamation.

The Lawsuit That Backfired

The Lawsuit That Backfired

This lawsuit was something new and big news indeed. It’s not every day that you get to see a restaurant sue a critic.

Many people were curious about how it would turn out. The owners argued that the review was defamatory and claimed it had caused them to lose customers and money.

But fighting a food critic in court is tricky. Critics are protected under free speech laws. The court decided that Thomas’ review was an opinion, not a statement of fact. It didn’t meet the standard for defamation. The case was dismissed.

Instead of fixing their problem, Il Giardino made it worse. The lawsuit brought more attention to the bad review. News outlets covered the story, and people talked about it on social media. What might have been forgotten in a week was now in the spotlight for months. The restaurant’s online reputation suffered more than it did from the original review.

Why Suing Critics Is Risky

When a restaurant fights back, it backfires on them. And it’s not really a smart move to sue a food critic. Here’s why –

1. Freedom of Speech

Critics have the right to share their opinions. If a review is based on an experience and doesn’t include false claims, it is protected as free speech. Courts are careful about setting a precedent that could limit this freedom.

2. The Streisand Effect

Trying to silence a critic can lead to more attention. This is known as the Streisand Effect, named after Barbra Streisand, who tried to hide photos of her home but ended up drawing more attention to them. The same happened to Il Giardino. Their attempt to stop the review only made it more popular.

3. Public Backlash

People don’t like it when businesses try to suppress opinions. It can make a restaurant look like it can’t handle criticism or is trying to bully a writer. This can lead to backlash and damage a brand’s reputation.

Lessons Learned from the McDonald’s Case

Even major brands like McDonald’s have faced backlash for going after critics. In 1990, McDonald’s sued two environmental activists in the UK for distributing pamphlets that accused the company of poor practices. The case became known as the “McLibel” trial and lasted ten years.

The outcome? A PR disaster for McDonald’s. The activists couldn’t pay damages, but they won public support. McDonald’s spent millions on legal fees and looked like the villain. The company’s reputation took a hit, showing that even large corporations can face consequences when they overreact to criticism.

How to Handle Criticism as a Restaurant?

It’s not uncommon these days for a brand to get backlash from critics or customers. But how they handle it makes all the difference. Some of the tactics below work really well to handle criticism:

1. Respond Calmly and Professionally

A calm response can go a long way. Thank the critic for their feedback and mention any changes you plan to make. This shows that the restaurant values customer opinions and is willing to improve.

2. Focus on Positive Reviews

A bad review hurts, but it doesn’t define a restaurant. Focus on encouraging happy customers to leave positive reviews. A mix of reviews shows that a restaurant is real and popular. According to BrightLocal, 87% of consumers read online reviews for local businesses. A few negative reviews won’t hurt as much if there are plenty of positive ones.

3. Improve Feedback

Sometimes, criticism has truth in it. Look at what the critic pointed out and see if there are ways to improve. This can help turn a negative into a positive. It shows customers that the restaurant listens and evolves.

4. Invest in Online Reputation Management

If a bad review is causing ongoing issues, using an online reputation management service can help. These services can guide a restaurant on how to boost its online image and deal with negative press.

Recommendations for Restaurant Owners

Before your business has to handle something as harsh, it’s better to build some ground rules that keep your business away from such events. 

Think Before Reacting

It’s natural to feel upset after reading a harsh review, but it’s important to think before acting. Responding to anger or taking legal action can lead to bigger problems.

Provide Exceptional Customer Service

The foundation for a good business reputation starts with a business capability of delivering class-A customer service.

So, start by training your team. Warm and attentive staff attract more customers and build a good impression about your restaurant among clients. With open communication, your staff will take the business extra mile and exceed customer expectations. 

Communicate with Your Team

Make sure your team knows how to handle criticism. Training staff to respond professionally and with empathy can keep the restaurant’s image strong.

Don’t Compromise in the Food Quality

If the raw materials start to cost more, your customers may understand if the price goes high by a little. But, lowering food quality to adjust food prices can do damage to your restaurant in the long run. Always use fresh and high-quality ingredients to make food. Consistency in the quality of your food is the key to how you will succeed.

Stay Engaged with Customers

Interact with customers on review sites and social media. Show that you care about their experiences, good or bad. This connection can build loyalty and encourage repeat visits.

The Takeaway

Il Giardino’s attempt to sue a food critic for defamation is a reminder that fighting criticism can often make things worse. Publicly challenging a review can lead to more attention, public backlash, and damage to a business’s reputation.

Instead, restaurants should focus on learning from criticism and responding professionally. Encouraging positive feedback and engaging with customers can help maintain a strong image. And when extra help is needed, an online reputation management service can provide the right support.

In the end, handling criticism with grace and using it as a tool for improvement will benefit a restaurant far more than a court case ever could.

Read Also:

A passionate writer and an avid reader, Soumava is academically inclined and loves writing on topics requiring deep research. Having 3+ years of experience, Soumava also loves writing blogs in other domains, including digital marketing, business, technology, travel, and sports.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Criminal Defense Lawyer

What You Can Expect from a Criminal Defense Lawyer

When you are charged with a crime, it’s really a struggling situation to deal with the case. It is a serious concern, and you shouldn’t take it casually. If you don’t take the right steps on time, you may have to stay behind bars or pay hefty penalties. Even if you have some understanding of the legal system and have the intellectual ability, but it does not act in your favor when you are accused of a crime. In such situations, you should find the best possible criminal defense lawyer in your locality, hence make sure to do proper research and then communicate with the lawyer clearly. If you are looking for a criminal defense law firm in San Francisco, CA, you should know what you can expect from them. What They Can Do for You: Apart from collecting information from you and the witnesses, the criminal defense lawyer can help you in many ways that you may not do yourself. They try to contact clients with emails, phones, meetings, reading evidence, etc. Here is what you can expect from a criminal defense lawyer. Make You Understand About the Legal System Explain You About Possible Consequences Plea Bargaining Communicating With Witnesses Dealing With Investigators and Experts Negotiate Case Outcomes Sentencing Do you understand each of the above terms and are able to deal with them? Well, you may have knowledge about these terms, but an experienced and qualified defense lawyer can help you to deal with it in a better way. Now take a look at each of these terms and understand them properly, Read more:  What Do Criminal Defense Attorneys Do? 1. Make You Understand About the Legal System The criminal legal system is really complicated, and many people are not aware of it. But a criminal defense lawyer in Miami can make you understand the law system. If you don’t know anything about the rules and regulations and deal with the case yourself, you may have to face serious consequences. You can ask about different theories and rules to the criminal defense lawyer and he/she will help you understand them. 2. Explain You About Possible Consequences You can also know about the possible consequence of the case. This informations will help you get prepared for the situations in advance and you can become confident to deal with the case. 3. Communicating With Witnesses Most of the time, witnesses may not feel safe ad comfortable sharing the information with you. Again, you might not able to collect the true information from the witness. But the defense lawyers are trained and experienced to collect the evidence or useful information from them. 4. Dealing With Investigators and Experts Dealing with the investigators and expert witnesses is not easy. An experienced defense lawyer can deal with them on your behalf. 5. Plea Bargaining The criminal defense lawyer may help you to negotiate a “plea bargain” with the prosecutor. It can reduce the sentences or some charges against you. Most of the time prosecutors don’t want to bargain with a defendant directly, but they can deal with a defense lawyer. 6. Negotiate Case Outcomes The defense lawyers can also help you to negotiate case outcomes with the jury. As the lawyers are qualified and experienced, they know what are the possible outcomes during a proceeding. So the lawyer remains objective to deal with the outcomes and make a favorable decision about the plea bargain. 7. Sentencing Last but not least, if you are proven guilty, the criminal defense lawyer may be negotiating your sentence and reduce or change it. Conclusion Now you can see that a criminal defense lawyer can help you and fight for you to deal with the case easily. They work towards improving your chances of winning the case and provide you favorable decisions from the court. Read Also: The Basics of Criminal Appeals Law Why You Should Never Try to Defend Yourself in Court 7 Characteristics of a Great Lawyer that can Help Win your Legal Battle

READ MOREDetails
Role Of A Criminal Defense Lawyer

What’s Liability In A Personal Injury Case?

You probably heard the term “liability” while reading about a personal injury case. However, do you know how it works? Or, why should you consider using it while handling a personal injury claim? Well, if your answer is no, don’t worry. In this article, we’re going to discuss a little on the subject of personal injury and proffer a bit of additional information, too. But, if we miss out on something, don’t forget to tell us about it in the comment section below. We’ll answer you as soon as possible. What Is A Personal Injury Case? A personal injury incident can include trauma, accident, mental strain, and illness caused due to someone else’s action. However, you can only go for the claim if you’ve been physically or psychologically affected due to the externally-caused problem. Also, before you can submit your issue, you’ll need to understand the type of damage you’ve sustained. Or else, you might end up submitting the wrong claim altogether. So, in this case, it will be ideal for you to opt for a Long Island Personal Injury Lawyer. Thanks to their experience and expertise, they’ll know precisely what you have to do in your personal injury claim submission. Besides, the attorney will also offer their help in solving all of your paperwork accordingly. They can also represent you in court. So, it’s better to hire someone who can assist you in every possible aspect. Personal Injury And Liability - What’s The Catch? From a general viewpoint, almost every person is responsible for whatever action they have taken. Apart from that, the law also assumes that each individual has the responsibility to act properly so that someone else doesn’t get injured. However, if someone fails to follow the aforementioned duty, and an injury occurs, they’ll be held liable for the incident. The definition of liability can also include - An individual has a certain duty to follow to keep everyone else safe and secure.However, they’ve somehow failed to perform the same properly.And, due to that reason, another person has sustained a potentially life-ending injury.The person who didn’t do their duty correctly will be liable for the consequences. Remember, you can only hold someone else liable if you’ve been injured due to their action. If they didn’t lose anything or didn’t suffer any damage, they won’t be liable for anything. Hence, before you make such a claim against someone, you should always ensure that you’ve kept the proof in the right place. If you cannot provide the same, you won’t be able to acquire even a single penny from the defendant. Even an attorney can’t help you in this aspect. Fault, Negligence, And Liability When talking about liability, you’ll probably find two more words associated with the same - fault and negligence. Here’s what they mean. So, “fault” is all about something else making a mistake knowingly to cause harm to you. An example of this will be an individual slashing someone else with a knife. In this aspect, they knew that the action would hurt the other person. Yet, they still did it. On the other hand, the act of “negligence” isn’t as direct as that of “fault.” It can be either an act done deliberately or an accidental omission of something. In any case, if you want to make a personal injury claim, you’ll need to prove the fault or negligence of another person. Or else, it might not work out as you wanted. Types Of Liability When it comes to liability in a personal injury case, it can be divided into two options. Here’s what you need to know about it. 1. Strict Liability A negligent party can be held strictly liable for a case if they can prove that the negligence was done deliberately. In this case, you can omit the aspect of proving their intent altogether. For example, a strict liability claim can apply in a product injury case. If the item was a little defective in one way or another and caused an injury, the seller and manufacturer will be held liable for the damages. Apart from this, some other cases of strict liability can include injuries involving - dog bites, wild animals, and other dangerous activities. 2. Vicarious Liability In most personal injury felonies, the individual who has acted negligently will be considered as liable for the damages. But, in some cases, a party will be vicariously liable for damages as well. Let us share an example to offer a little more clarity on this aspect. Say, you’re working in an office as an employee and have started a fire in the building due to some reason. However, if someone was injured due to the same, they’ll sue your employee as you, as an employee, are their responsibility to look after. And, if your boss has to pay for the claim, they’ll be called vicariously liable for the incident. FAQs - Frequently Asked Questions In this section, we’re going to talk about some stuff related to our topic that we didn’t discuss before. Let’s keep reading to know more about it. 1. How Is Liability For An Injury Determined? The amount of the responsible person’s liability is going to be determined by comparing the status of their carelessness. The percentage of the same will tell us the amount of money they are going to pay to compensate for the damage. 2. How Do You Establish A Liability? To prove that someone is liable for an injury, you’ll need to provide information about their legal duty and how they’ve failed it. Apart from this, you’ll also need to offer a little bit more information about the extent of physical harm. The better the proof, the higher your chance of winning the lawsuit will be. Wrapping It All Up! So, that’ll be all for this article. We hope you’ve understood the true meaning behind liability and how you can claim it. However, if you still have something else to ask, don’t be shy. Use the comment section and let us know what you’re thinking. We’ll be glad to help you out. Additionals: What Personal Injury Law in California InvolvesTop 10 Colorado Springs Personal Injury AttorneysWhat Are The Effective Ways To Communicate With A Personal Injury LawyerFiling A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

READ MOREDetails
Language Translation Services

4 Factors to Consider When Hiring Legal Language Translation Services

If you have a legal firm, you will frequently require documents to be translated. Unfortunately, mistranslating legal documents could mean problems to the client, you and your company. Therefore, it's essential to find a translating company with legal knowledge. It is also important to confirm whether the right tools and systems are used for language translation services provided by the company. For example, if you have a client in a different country who uses other languages, you need to communicate effectively. With language translation software that can translate more than 120 languages, you can effectively communicate and run business. This software is ideal if your client has a multinational corporation and you have to present them in one of the countries. If the company has a document that is written in a language your client does not understand, you have to translate it. Therefore, you should hire a reputable, experienced company. With that said, here are the tips you must consider to hire language translation services. Tips to Consider When Hiring Language Translation Services: 1. Specialization: When finding language translation service, ask the company whether they have worked with legal firms. This is especially essential because the legal language has jargons and complicated terminologies. So, when translating the document, the legal expert has to go through the paper and confirm the details when comparing it with the original text. 2. Reputation: If a company offers quality language translation services, people will recommend or leave a review on the company's website. So, check those comments and evaluate the quality of their services. Only a certified legal language translation agency like ‘Languex” can provide the most accurate and flawless legal translation services for high-profile clients in the form of attorneys, lawyers, law firms, advocates, legal counsels and barristers that deal with non-English speaking clients. When you're doing business, you should maintain an open line of communication. So, check whether the company at hand can respond to your questions or allow conversation. 3. Speed and quality: Some people are fast at delivering services. However, if you don't evaluate the products provided, you'll be sorry. For example, if you order chicken and it’s delivered within an hour but is undercooked, is it worth it? So, the company you're hiring should deliver quality work under the shortest time possible because you have to provide to your clients too. Always remember that the quality of work is also determined by the number of people going through your document. So, confirm the channel which the company uses before the document is ready. If the information is sensitive, you should ask the expert to minimize the number of people dealing with the document. 4. Price: Language translation services vary depending on the type of document that has been translated. For instance, the charges for a business document are different from those of legal documents. So, ask about the pricing of the translation services. Conclusion Technology is changing at a rapid rate. It's essential for all of us to grow along with these changes. So, if you've been hiring a human translator and spending a lot on their pay, you should know there are better ways to translate your documents. By hiring translation service providers who use translation software, you can get a document translated to up to 120 languages at a low price as compared to human translators. Read Also: 7 Characteristics Of A Great Lawyer That Can Help Win Your Legal Battle Keys To Become A Successful Lawyer Your Federal Disability Attorney And Lawyers

READ MOREDetails