Question:

Can online reviews be used as evidence in court? (Part 2)?

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I asked this question a while ago but I think it may have been a little unclear.

I purchased a set of really high quality snow tires from a local company. When I arrived for my appointment they realized that they didn't have them in stock. Instead of telling me, they decided to install a far inferior tire. (My receipt shows the purchase of the tires I wanted, not the tires they installed) I want to show that the tires they installed are terrible. This is what I want to use the online reviews for. Will a judge allow this? My Settlement Conference is in a few days, should I bring some and ask the judge what he or she thinks? Some people have mentioned talking to a lawyer, and I did before suing to make sure I had a case. This is small claims court though, and the amount I am suing for is around 2500. It would be odd to hire a lawyer for such a small amount don’t you think? I already think it is weird that the company I am suing is sending two lawyers from their insurance company.

Any advice is greatly appreciated.

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3 ANSWERS


  1. In small claims court, the judge may allow your online reviews of these tires, but the judge will be far more interested in your contract.  Are the tires different from the ones described in the contract of sale?


  2. In order to enter evidence of something qualitative like the relative quality of tires, you would need the testimony of an expert, meaning you'd have to demonstrate that the people writing the reviews are experts on tires.

  3. Well, you realize that you are suing them, and it's pretty much free for them to have those lawyers since they pay insurance to help protect them from being sued or suing other people. The best thing u can have is to have an expert testfy on your behalf to prove your point. A review is an opinion (a personal view from someone elso's interest) you will not be able to use that since its an opinion not fact. Unless u have an expert, you will not win the case.

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