Liability Insurance for IM

21 replies
Hi everyone

did a quick search but couldn't find what I was looking for (apologies if this gets asked a lot)

Just wondering who has Liability insurance for their IM activities?

Is it required? I am in Australia - but I imagine the same in many countries.

Can you be held liable if anything goes wrong in the selling of other people's products?

Also what about those who sell their own products?

Thanks in advance! - great forum
#insurance #liability
  • Profile picture of the author M Thompson
    Originally Posted by interestedOz View Post

    Hi everyone

    did a quick search but couldn't find what I was looking for (apologies if this gets asked a lot)

    Just wondering who has Liability insurance for their IM activities?

    Is it required? I am in Australia - but I imagine the same in many countries.

    Can you be held liable if anything goes wrong in the selling of other people's products?

    Also what about those who sell their own products?

    Thanks in advance! - great forum

    No one has tripped over one of my sites yet!


    Just make sure if you are selling items you have all the necessary disclaimers in place. If you don't have the cart on your site there souldn't be a problem
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    • Profile picture of the author interestedOz
      Originally Posted by M Thompson View Post

      No one has tripped over one of my sites yet!


      Just make sure if you are selling items you have all the necessary disclaimers in place. If you don't have the cart on your site there souldn't be a problem

      lol thanks Mark! I am really interested in IM and learning all about it - and just wanting to make sure I have everything in place before I start. I couldn't think of any issues that could come up selling other peoples items (esp if they are established and good products). Also I hear what you say about disclaimers. If I start selling my own stuff I will definitely have them in place - thanks again!
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    • Profile picture of the author SEMwinners
      Originally Posted by M Thompson View Post

      No one has tripped over one of my sites yet!


      Just make sure if you are selling items you have all the necessary disclaimers in place. If you don't have the cart on your site there souldn't be a problem
      Haha, You're funny, Marc! Well put.
      Reg. disclaimers, tos, privacy and income disclaimers - good to have'em anyway, especially if you're running PPC - important for your high quality score.
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  • Profile picture of the author Mac the Knife
    I tell you what...the IM world has many more risks than you might think. People think a disclaimer or good INTENT somehow saves them from being liable...they are incredibly mistaken. The fact is, if you are offering products or advice of ANY kind...you can be liable. Please know, I have spent more than 15 years in the world of insurance. The thing is, since we, as IM'ers, don't operate typical bricks and mortar businesses, we feel that we are somehow immune from liability, lawsuits, etc. That is just WRONG!

    Here's a scenario: Somehow asks you a question...that person is doing business with you...you offer advice...they take it...they experience negative consequences because of your advice...LAWSUIT.

    The bottom line is, speak with a reputable broker...talk to them about your business. You will find that if you are doing business online AT ALL, you should have insurance. Errors and Omissions is a biggie...

    Mac
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    • Profile picture of the author interestedOz
      Thanks Mac - I am not sure what the insurance companies even have yet for IM - guess I might do some investigating
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  • Profile picture of the author Bryan Douglas
    Yes, it's available. I'm not sure about Australia as I'm in the US, but there are various companies that offer "tech" packages. They are pretty comprehensive with their coverages. It depends on what coverage you are looking for and what service/products you deal with. Check out the mainstream companies. Travelers, Ohio Casualty, Zurich, Hartford, etc.

    E & O ( Errors & Ommissions ) some call it proffesional liability might be a little more expensive. That would just depend on what you are offering.

    Note - I am not a lawyer, but I do deal with business insurance

    But think about this. Can you sue anyone you want? Then can anyone sue you if they want to? Doesn't mean you did anything wrong, right? You still need to go prove yourself innocent. That's where insurance comes into place as well.
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  • Profile picture of the author badboy_Nick
    Originally Posted by interestedOz View Post

    Hi everyone

    did a quick search but couldn't find what I was looking for (apologies if this gets asked a lot)

    Just wondering who has Liability insurance for their IM activities?

    Is it required? I am in Australia - but I imagine the same in many countries.

    Can you be held liable if anything goes wrong in the selling of other people's products?

    Also what about those who sell their own products?

    Thanks in advance! - great forum
    You don't need liability insurance for selling ebooks for instance. It all depends what it is you are selling but in most cases you don't need liability insurance for a VIRTUAL business.

    Any questions let me know

    Nick
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    • Profile picture of the author interestedOz
      Thanks guys - so what about when you sell digital products? That is my main interest. Ebooks - Ecourses and things like that.

      Also if you sell something as an affiliate and someone has an issue with the product - are you liable or the vendor? - sorry for my ignorance as I am new to this arena
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    • Profile picture of the author Bryan Douglas
      Originally Posted by badboy_Nick View Post

      You don't need liability insurance for selling ebooks for instance. It all depends what it is you are selling but in most cases you don't need liability insurance for a VIRTUAL business.

      Any questions let me know

      Nick
      What happens if someone sues you saying they took action from what your e-book advised them to do and had a huge financial loss.

      What happens if they took advice from your e-book and took it as medical advice and was physically harmed?

      Who is going to pay the attorney's fees?

      What happens if you are found liable?

      Just some things to think about.
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      • Profile picture of the author Erinmcd
        Originally Posted by Bryan Douglas View Post

        What happens if someone sues you saying they took action from what your e-book advised them to do and had a huge financial loss.

        What happens if they took advice from your e-book and took it as medical advice and was physically harmed?

        Who is going to pay the attorney's fees?

        What happens if you are found liable?

        Just some things to think about.
        Interesting questions. As an attorney about to turn internet marketer I'm going to have to give this some serious thought. Here's my non-serious gut reaction...and a disclaimer.

        First, the Disclaimer, everything I'm about to say is mental gymnastics and pondering NOT to be confused with legal advice.

        Second, my gut reaction. I'd be concerned (and insured) if I were (arguably) a supplier of any product. Think "drop-shipper."

        Under Pennsylvania law (my jurisdiction), you might be in trouble if some smart attorney (me) can craft a reasonable argument that you (the internet marketer) were somehow in the chain of supply of a product that injured my client. No negligence needed-just a bad design on the part of the manufacturer and serious injuries to the client.

        Pennsylvania law of strict product liability is based on Sec. 402A of the Restatement (2d) of Torts. Under the Pennsylvania law of strict product liability, a manufacturer/supplier of a product is the guarantor of its safety. The manufacturer/supplier is liable for any harm that a defect in its product was a substantial factor in bringing it about that harm.

        Erin McD
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        • Profile picture of the author Richard Tunnah
          My brother in the UK called a number of insurance companies to see if he could get liability insurance for his industry forum. The figures he got back were silly! Like $25,000+ with a large excess running to in excess of $8k a month cover!
          I'd suggest you get proper legal advice as to what the risks are and then get some quotes.

          Rich
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  • Profile picture of the author tryinhere
    Oz i am about to undertake a full on business plan (over the coming weeks) and development including insurance as you discuss for an online business in Oz. I will bookmark the thread and come back to you with any information i come across but should be able to answer or at least help in some way with your questions.
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    • Profile picture of the author interestedOz
      Originally Posted by tryinhere View Post

      Oz i am about to undertake a full on business plan (over the coming weeks) and development including insurance as you discuss for an online business in Oz. I will bookmark the thread and come back to you with any information i come across but should be able to answer or at least help in some way with your questions.
      Great thanks tryinhere

      Everyone else thanks for contributing to this discussion. MY thought were along the lines of what Bryan outlined - what is you sell a product (even as an affiliate) and the purchaser claims some harm for product...could be this is still a grey area in IM?
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  • Profile picture of the author kindsvater
    The best insurance a small, home-based business owner can have is solid legal terms on their website and making sure their practices comply with various laws.

    If you're thinking about an insurance policy, most major insurers will require that you have certain policies and protections in place in any event.

    Keep in mind that many insurance policies will have numerous exclusions, such as fraud - which can be a lot broader in application than you may think. Consider any false statement to fit into that category, even if the mistake was innocent.

    Also, government fines and FTC actions may not be covered. It's not just a regular liability policy to consider, but also ask about E&O coverage.
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  • Profile picture of the author TheGraduate
    Originally Posted by interestedOz View Post

    Hi everyone

    did a quick search but couldn't find what I was looking for (apologies if this gets asked a lot)

    Just wondering who has Liability insurance for their IM activities?

    Is it required? I am in Australia - but I imagine the same in many countries.

    Can you be held liable if anything goes wrong in the selling of other people's products?

    Also what about those who sell their own products?

    Thanks in advance! - great forum
    who has Liability insurance for their IM activities?

    Many internet marketer do, many of then don't have any, there is not such thing as liability insurance when you are a sole-proprietor doing business as such without "updating" your business to some kind of LLC or higher status, only LLC or higher status separates the owner's assets from his business operation.

    Is it required?

    No it is not required, but if somebody goes after your business and you are not an LLC or higher you will probably lose most of your assets whether they have something to do with your business or not (house gone, car gone, dog gone etc)


    Can you be held liable if anything goes wrong in the selling of other people's products?

    No, if you just send people to some business (website etc) you are not responsible for what goes wrong with that product (some people goes after those who recommended the website or product, so you can never be too careful)


    Also what about those who sell their own products?

    They better get themselves some business status like LLC or higher, they can do it as simple sole-proprietors, but if somebody goes after them they will probably lose even their toilet paper.


    note: it all comes down to that if you are going to be involved in any kind of selling the safest thing to do is get yourself an LLC or a limited partnership where you can sign a partner agreement to separate your assets from the business.

    P.S. This is business 101 stuff, you do not even need to go to business school to know this things
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    • Profile picture of the author Bryan Douglas
      Originally Posted by TheGraduate View Post

      who has Liability insurance for their IM activities?

      Many internet marketer do, many of then don't have any, there is not such thing as liability insurance when you are a sole-proprietor doing business as such without "updating" your business to some kind of LLC or higher status, only LLC or higher status separates the owner's assets from his business operation.

      *1


      Is it required?

      No it is not required, but if somebody goes after your business and you are not an LLC or higher you will probably lose most of your assets whether they have something to do with your business or not (house gone, car gone, dog gone etc)

      *2



      Can you be held liable if anything goes wrong in the selling of other people's products?

      No, if you just send people to some business (website etc) you are not responsible for what goes wrong with that product (some people goes after those who recommended the website or product, so you can never be too careful)

      *3



      Also what about those who sell their own products?

      They better get themselves some business status like LLC or higher, they can do it as simple sole-proprietors, but if somebody goes after them they will probably lose even their toilet paper.


      note: it all comes down to that if you are going to be involved in any kind of selling the safest thing to do is get yourself an LLC or a limited partnership where you can sign a partner agreement to separate your assets from the business.

      P.S. This is business 101 stuff, you do not even need to go to business school to know this things
      *1 I do not agree. You can buy Liability insurance if you are a sole prioprietor. The liability policy will still pay to defend you. Just because your personal assets are tied with your business, doen't mean you can't buy insurance to protect you.

      *2 Agreed. If someone sues you for more than you are insured for, and you are a sole-proprietor, you maybe in trouble.


      *3 Talk with an attorney, you might be suprised.

      Conclusion. Buy Insurance, protect yourself, Talk with an attorney and find out what the best entity would be for your business.
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  • Profile picture of the author Underground SEO
    this is a really interesting thread, I had never taken this angle on my IM activities, previously I thought a disclaimer would suffice, thanks for bringing this to everyone's attention.
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  • Profile picture of the author tryinhere
    From early studies as mentioned there is what seems to be a specific package these days for IM related work (IN oz as well), check with alianz , cgu ect and it should contain liability insurance, this will cover you for any people tripping over a laptop bag or silly things like if your out consulting and or people in your office / workspace.

    in addition in the im pack would be personal indemnity insurance, to protect yourself as well.

    you should probably need some sort of theft insurance / damage as well

    I have not priced this yet but my early numbers are around 1200 per year.

    ? the questions i ask is basically doubt anyone here uses these insurances ? i doubt anyone handing out how to advice in the wso would have indemnity insurance ?

    so i will take some examples and do some more follow up, i don't want to be paying insurance if they are just scamming for it, but also need to take it if it should be done

    will update more soon
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    • Profile picture of the author Frankstream
      Any update Tryinhere on liability insurance for IM?

      I'm considering getting General Liability coverage and Errors & Omissions (E&O), but not sure I need either. This stuff's expensive. I'm also consulting my lawyer who helped set up and incorporate my LLC. I think I know where my lawyer's legal advice will end up. but wanted to check with those in the biz. I don't sell a tangible product, I merely consult and never entertain clients in my home office.
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  • Profile picture of the author Joseph Then
    Looking at the whole issue, one of the safest way is to really setup an LLC, or any business model (depending on your country) that separates your personal property from the business.

    Think of it, you can never cover every single details of risks in the business and if you do, that's a lot of money involved.

    Getting yourself into an LLC (or any limited liability setup) will help you minimize your losses in the event of a lawsuit.
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