Libel suits for false reviews?

[Lisa1980]

Has anyone successfully sued Airbnb for a libelous guest review?  We had a recent guest who made an allegation, with no evidence. We have evidence to prove they are wrong. Their public review  will harm our business. 

"Libel laws allow you to pursue a claim for compensation if you are the victim of written defamation. If someone makes a false statement of fact about you that harms your reputation, you may be able to make a libel claim." 

I have been a host for 10 years and the listing in question is in the top 1% so this is the only time I have experienced this.

Thank you.

[Marie8425]

 @Lisa1980 

Airbnb posted the review something you agreed to when you signed up.

A review that I didn't like a product is legal.

If the review said you planted mold because you didn't like her race that is provable defamation.

[Cathi4]

I came across your response and would like to hear your opinion on this.  Would you consider it legal defamation?  

As an Airbnb host we had a guest who broke some rules regarding leaving her "service dog" alone in the home for hours several times even though Airbnb requires that the guest have the dog with them at all times.  I gave her a bad review as a result.  In addition the dog was so poorly trained it was literally pulling her down the stairs when she arrived as I was coming up and nearly knocked me over.  Clearly, this was not a trained animal.  Anyway, I am white, the guest was black.  The long and short of it was that the guest called me "racist" in her review which has no credibility whatsoever. 

Airbnb refused to remove her review even though their policy states "guests should not write biased or inauthentic reviews as a form of retaliation against a host who enforces a policy or rule."  So I am considering suing Airbnb.  I'm not an attorney but I did take a large apartment corporation to court in the past and won.  Thanks for any input!

[Helen427]

@Cathi4 

We are puzzled why any person chooses to make comments based on "colour" of any type - skin or hair - hence we choose not to include a photo of ourselves as we too have experienced racial comments based on our looks and looks alone which we find quite unacceptable in general terms.

None of us choose our natural "colour".

My favourite photos include that of people the opposite "colours" to myself.

Next guest any of you have of a different colour to your own, go out on an adventure together and break down the stereotyping in society.

[Helen3]

I thought your response to this guests review was perfect. @Lisa1980 

I don't think there is anything libellous in the guests review of you and it doesn't appear to not meet Airbnbs review policy . 

in your position as frustrating  as it feels, I would just move on

it's a shame though you weren't more honest in your review about the guest to help warn your fellow hosts 

[Mike-And-Jane0]

@Lisa1980 I don't think you can sue Airbnb for libel but you could go after the guest. Problem is you need their name and address which Airbnb will not give you without a court order. I have no idea is a libel suit would be successful or not.

[Lisa1980 · Accepted solution]

UPDATE: Good news. Airbnb did end up removing the review.  The reason? There was no link between anything in the house and the guest choosing to leave after spending fewer than 24 hours based on "a migraine." The guest could not prove anything about the house caused the migraine and had to leave "for reasons unrelated to the stay."

Per Airbnb: 

• Reviews must provide relevant information about the reviewer’s experience with the Host, guest, stay, or Experience that would help other community members make informed booking and hosting decisions.
• If a guest never arrived for their stay or Experience, or had to cancel due to circumstances unrelated to that stay or Experience, their review may be removed.

[Paula]

Hello @Lisa1980, we're very glad to hear this. Thank you so much for the update!

[Iain180]

Of course you can sue both Airbnb and the host or guest over a review. This is no different legally to a newspaper which prints defamatory remarks made by an individual about you. Both the newspaper and the individual are liable. In the UK at least agreeing to Airbnb's terms and conditions does not remove that right as you cannot sign away fundamental  legal rights such as this, there have been. I believe, many successful cases brought. There is a law firm in Maryland which appears to specialise in them.