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I run a website and I am afraid of being sued!

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Comments

  • kofoidkofoid subscriber Posts: 1
    Do you just go to a friendly neighborhood state farm? or are there certain companies you have to work with for business insurance?
  • luvmandlevmluvmandlevm subscriber Posts: 2
    Usually anyone who sells life insurance can provide you with personal liability insurance as well.  Check with your life insurance carrier, often, there will be insurance agents who are also licensed attorneys and do estate planning.  Touch base with someone like that and you may get a little free legal advice during your process of getting answers about personal liability.
  • bertbert subscriber Posts: 12
    It also depends on past legal track record and the industry one is in.  I am not sure if I would want to know how much a web site in the medical industry would cost.  Seems scarry.  I know of doctors and nurses that have retired early rather pay the high cost of liability insurance.  Medical web site might not be as bad but this is new territory and I would not be suprised if it was expensive just because the insurance company has nothing to base it on.  Does make you wonder how much liability a site like WebMD carries?
  • Xsd01Xsd01 subscriber Posts: 0
    As somone who has been in the webdesign and internet marketing business for some time, I`d have to give you the same information I give to all my clients. Always have a good terms of use document written and available on the site that is reviewed by a lawyer to protect you in these situations. Granted, most people when signing up to a forum or a service never stop and read them but it gives you protection, especially if you have a checkbox on your signup saying you agree to these terms of service. However, even if you just note in the signup or make your terms of use easily available (like in a footer navigation menu) and put a line in the footer area (like around the copyright info) that use of this site means acceptance of the terms of use. Again its not a save all, but it gives you a good leg to stand on. One thing you also want to make sure you do is enforce your terms of use. If you say you don`t allow something, stand by it and if a post is made that violates your terms, then delete it and warn the user. If the same user continues to break terms, then delete them (and block the ip, most forum programs have this option, if not they can be set in CPanel, Plesk, or through a more advanced method by using a shell connection to the server).
     
    Hope that helps, and there`s anything else I can do to help you in this situation, please feel free to contact me.
  • kofoidkofoid subscriber Posts: 1
  • reaprreapr subscriber Posts: 1
    I understand the concern.  If someone sued because the coffee they ordered was spilled in their lap and it burned them then you could have a lawsuit. Hummm I really scratch my head on that one.  Coffee is hot go figure.  I think he is concerned about opportunists.
    The next question.  Would an LLC not help limit him from this type of liability?
  • bertbert subscriber Posts: 12
    Repr, it is my understanding that LLC and INCs can insulate you from having liabilities going beyond that intently`s assets.  That being said, state laws vary and the protection can fail depending upon the issue.  This is for an attorney in your state to say.  It is my opinion that doing things as honestly as possible and making all the normal disclaimers like outlined by Robert (Xsd01) is your best bet.  This is not a perfect legal world by any means and some times you need to take calculated risks to come out ahead.bert2008-1-23 10:1:33
  • luvmandlevmluvmandlevm subscriber Posts: 2
    We must also remember her total profit.  It would cost upwards of $2000.00 to form an LLC or INC once all the attorneys fees, filing papers and administrative costs are tallied.  With either of these she would also be required to have a business license that might cost her a few hundred a year.
    Her total profit is only $200.00ish per year.  The cost may not justify the means.  Disclaimers are at no cost which are perfect but not fallible.  Personal liability insurance is at a cost, but will give added protection over and above only the website issues, it will cover any other suits from auto to really weird liability claims.  LLC and INC are just not feasible for such a low profit site unleess kofoid just has extra money to throw at an atty.  I agree the atty is the absolute best way to go, but there are other considerations and factors.
     
    I`m not trying to contradict anyone here, but I agree for the most part.  This situation is unique and may not be worth the expense.
  • PatriciaAnnePatriciaAnne subscriber Posts: 0
    Don`t be shy....take down anything that is causing YOU stress. It`s not worth it. Freedom of speech doesn`t extend to posting any and everything on somebody else`s website.
     
    And follow the other great advice here and post a Terms of Use policy.
  • grnoldschoolgrnoldschool subscriber Posts: 0
    Go to legal zoom and just form an LLC.  Thanks to Robert Shapiro
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