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This was my original question: A host on the Airbnb.com

This was my original...

This was my original question:A host on the Airbnb.com site. A person that I have never even met, posted a review, saying that I was doing and selling drugs for the entire world to see. I do not use or sell drugs of any kind whatsover. Can I sue Airbnb and her, or just her? etc?

Lawyer's Assistant: Because laws vary from place to place,can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Nolk no just her review posted

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really. its pretty clear/blatant. I know she is libel. its more about who to sue, and it is per se, so what damages?
13 December 2017 01:40I have since written Airbnb and they removed the review from their site which is pretty hard to do but they did it considering the believed me and the evidence - and it was libel per se. However, it was posted for 30 days for the whole world to see and it is still effecting me indirectly. The person who was trying to set me up at the hotel in my other question I po sted, that nobody will answer is the same person who told the airbnb person that I used drugs recreationally - because he was tyring to set me up there as well. And now that I have two questions on your site both referencing drugs - nobody will help me. I am the twice the victim of lies and it's ruining my reputation and I am being discriminated against.But my questions is for this topic: Airbnb took down her reveiw but it was up for 30 days. I know I can still file a lqw suit against the host, and I intend to, it's libel per se, dont I dont have to prove that part or quantify it, but I want it the amount to be fair/reasonable and I am hoping to get punitive damages. Please advise. Thank you Jack

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Answered in 13 minutes by:
3/26/2018
LegalDan
LegalDan, Attorney
Category: Personal Injury Law
Satisfied Customers: 335
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - I am sorry that you had to go through that. What specific damages were caused to you as a result of the posting?

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Customer reply replied 30 days ago
They are still unknown, which is what I need help calculating. Based on my research I could sue for punitive damages only, since it is defamation per se.here is the letter I wrote to Airbnb - they removed her review, but it was out there publicly for 30 days.Profile picture
Hi Jack! My name is ***** ***** Case Manager from Airbnb. I read your case and checked the review left by Katherine. Since this is a third party booking, you would not have met personally and conversations done are out of the message platform. What she said there is a direct violation of our Content Policy.I have hidden both reviews from the public. I'm afraid we would not be able to provide any refund nor a written apology for this case.We’re truly passionate about providing our community of hosts and guests with the best possible travelling experience. I’m really sorry that this hasn’t been the case here. Just know that we’re always working to improve our products and policies, and even when we aren’t able to accommodate requests, we absolutely value our users’ feedback. As a customer of Airbnb, your voice is both powerful and essential and I’ll be sure to pass your thoughts on to the right team.
Jan 6, 2018 8:35 PM
Thanks for your message — you can expect a reply from Airbnb Support within 24 hours.
Katherine Nieves, a woman, that I have never met before in my life, has knowingly and willfully posted/published statements about me in the review section of my Airbnb Profile which are utterly false and without merit.They are defamation per se as it depicts me in engaging in illegal activities that violate civil and criminal law. Her libelous and defamatory comments about me have the potential to destroy every aspect of my life from my personal relationships with my family, friends and neighbors, to my professional relationships with former, existing and future clients, potential partners, banks and/or future employers.She is purposely and maliciously trying to cause me harm and probably already has since this was available for the entire world to see, and has been out there since December 8, 2017. I did take my photo down in an effort to try and control the damages.She has also violated Airbnb's Content Policy and I demand that her review be taken down, removed and never to posted again on Airbnb or any other platformFor the Record: I have never done drugs, or used “meth” recreationally or in any other manner, and I certainly have never had any dealings with drugsFor the Record: She is lying about Mike’s confession as well. Mike did not confess to taking the Ipad. Her friend kicked him out of house because he had no ID. Which her friend already new about the day before because Mike told him. And Nathan said it was ok, and then offered him a special rate for a week.Because Mike was kicked out and wasn’t given the opportunity to tell the police what he saw, he relayed this information to me and I passed it on to Katherine, and with this information, they were able to locate the missing ipad. Did not offer an apology or a thank you – instead she post lies to try and purposely harm me and my reputation.I demand a written apology, a refund of my trip and be compensated In the amount that Airbnb recognizes as fair and reasonable for the damages already inflicted upon me including emotional stress and mental anguish. She has put my life, livelihood and freedom at risk with her lies.I appreciate your help with the removal of this review. Please let me know once you have contacted Katherine and the review has been removed.My attorney will be contacting Katherine directly to discuss this matter with her and pursue legal action if this review is not removed by 12:00pm tonight. 1/6/2018.Thank you for your immediate attention to this matter.***** *****

Thank you for the information - While you can sue her for defamation it is going to be a difficult case to win. In order for there to be a finding in your favor there must be actual malice shown and it does not sound like that is the case here. Also, there are no actual damages to you personally. You did not lose your job, you didn't have a significant other break up with you, you didn't lose out on rental opportunities. The damages are pure speculation of a false review that was online for 30 days. While this is a terrible situation and you should not have to endure that type of harassment, it will be a difficult case for an attorney to win.

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I'm not saying that it can not be won, but it will be difficult. You will have to find a civil attorney who is willing to do this case on a contingence fee. Please do not hire an hourly attorney or they will leave you high and dry

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Customer reply replied 29 days ago
What she stated is "defamation per se" meaning that part does not have to be proven. This is what she stated: “ Please know this man is involved with drug use and dealings. He made a reservation for another man who freely spoke about their recreational use of "meth“. So you are saying that this has not harmed me? How will i know how it has affected me until it happens? what about the stress and worry having this out in the public for everyone to see? Punitive damages? It doesn't make sense - I can file my own claim in small claims court, right?

I hope I have answered your question - can you please rate my answer with 5 stars

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LegalDan, Attorney
Category: Personal Injury Law
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Experience: Partner at McCollum Hodgkinson, P.C.
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