Social media negativity shakedown

Legal experts say a recent defamation ruling could shake up the ability for one to post negative experiences about businesses on social media.

Three years ago, a woman who worked at the Steak ’n Shake fast food restaurant in Missouri thought she saw worms in a hamburger patty and immediately showed the patty to her managers, and was unsuccessful in urging them to call the health department, St. Louis Public Radio reported.

The woman, who was allegedly fired, then took to Facebook: “JUST GOT FIRED FROM STEAK N SHAKE IN FLORISSANT ON FLORISSANT AND LINDBERGH ROAD BECAUSE I FOUND LIVE WORMS WHILE COOKING A STEAKPATTY MOVING INSIDE OF IT AND REFUSED TO SELL THAT MEAT ... WELL RIGHT NOW THEY ARE STILL SELLING SAME MEAT #NOONEEVENCHECKEDIT.”

The post went viral, with 36,000 shares in just two weeks. Steak ’n Shake sued her for defamation and won $70,000 in actual damages and another $10,000 in punitive damages, according to the radio show.

Three attorneys speaking during a legal roundtable segment agreed it represents a cautionary tale. “This judgment will send a chilling effect to all of us, and make all of us think twice before we fire off a Facebook post or post something on Instagram or Twitter,” said lawyer Connie McFarland-Butler. “There were things she wrote in this post that were reckless, and if you read the legal file, it appears to contradict the facts in this case.”