Can you be sued if you're ebook gives instructions on doing something that caused injury?

20 replies
I often wondering what the legalities are surrounding ebooks such as How To ebooks and Weight Loss ebooks etc.

For example if someone creates an ebook on how to build a shed and one of the readers ends up having half the ceiling fall on top of them or if someone buys an ebook on how to lose weight and follows the program getting an injury what happens?

Just really curious about this, thanks.
#caused #ebook #injury #instructions #sued
  • Profile picture of the author snakeyes37
    Originally Posted by Byron2k12 View Post

    I often wondering what the legalities are surrounding ebooks such as How To ebooks and Weight Loss ebooks etc.

    For example if someone creates an ebook on how to build a shed and one of the readers ends up having half the ceiling fall on top of them or if someone buys an ebook on how to lose weight and follows the program getting an injury what happens?

    Just really curious about this, thanks.

    I'd imagine there would be fine print somewhere in the ebook about how the author bears no responsibility for what happens. It frees them of any liability.

    Especially when it comes to weight loss or anything health related. In the case of weight loss usually they will tell you to consult your Dr. before getting on a diet.
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    • Profile picture of the author Alex Mensah
      Originally Posted by snakeyes37 View Post

      I'd imagine there would be fine print somewhere in the ebook about how the author bears no responsibility for what happens. It frees them of any liability.

      Especially when it comes to weight loss or anything health related. In the case of weight loss usually they will tell you to consult your Dr. before getting on a diet.
      yeah usually a disclosure will be included in the ebook stating that so that the readers have to make their own informed decision as to whether they want to take action on the advice given.
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  • Profile picture of the author SunilTanna
    You can be sued by anyone for any reason, whether valid or stupid or somewhere in between. There is nothing you can possibly do that can guarantee not being sued.

    The real issues you need to think about are things like whether you are likely to be sued, and whether you'd would win if you were sued.

    Creating a product that isn't dangerous will probably help with both. Creating a good disclaimer may help with the second.
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    • Profile picture of the author snakeyes37
      Originally Posted by SunilTanna View Post

      You can be sued by anyone for any reason, whether valid or stupid or somewhere in between. There is nothing you can possibly do that can guarantee not being sued.

      The real issues you need to think about are things like whether you are likely to be sued, and whether you'd would win if you were sued.

      Creating a product that isn't dangerous will probably help with both. Creating a good disclaimer may help with the second.

      Yeah, this is very true. I've seen some pretty crazy lawsuits.
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    • Profile picture of the author JamesDrew
      Originally Posted by SunilTanna View Post

      You can be sued by anyone for any reason, whether valid or stupid or somewhere in between. There is nothing you can possibly do that can guarantee not being sued.

      The real issues you need to think about are things like whether you are likely to be sued, and whether you'd would win if you were sued.

      Creating a product that isn't dangerous will probably help with both. Creating a good disclaimer may help with the second.
      Totally agree with this post. It is amazing to see some of the crazy lawsuits that are filed.
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      • Profile picture of the author JohnMcCabe
        Originally Posted by SunilTanna View Post

        The real issues you need to think about are things like whether you are likely to be sued, and whether you'd would win if you were sued.
        Add whether you can survive long enough to win. You could walk out of court with a piece of paper saying you won and still have to work hard for years just to claw your way back up to broke.

        I met a contingency lawyer once. I asked him what it was like arguing his cases in court.

        He told me that if he had to take a case to court, he felt like he already lost. His business was built on settlements, not court wins. If he actually had to put effort into preparing and trying cases, it took away from his ability to find more clients and file more suits.
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    • Profile picture of the author prem khaira
      Banned
      Originally Posted by SunilTanna View Post


      Creating a product that isn't dangerous will probably help with both. Creating a good disclaimer may help with the second.

      Yes... Exactly, right on point.
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    • Profile picture of the author mojojuju
      Originally Posted by SunilTanna View Post

      You can be sued by anyone for any reason, whether valid or stupid or somewhere in between. There is nothing you can possibly do that can guarantee not being sued.
      That's right. And I can sue you, SuniTanna, if I believe that your post resulted in me having constipation.
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      • Profile picture of the author JohnMcCabe
        Originally Posted by mojojuju View Post

        That's right. And I can sue you, SuniTanna, if I believe that your post resulted in me having constipation.
        Does that mean that what they're saying is true? You are full of...?

        :confused::p
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        • Profile picture of the author mojojuju
          Originally Posted by JohnMcCabe View Post

          Does that mean that what they're saying is true? You are full of...?

          :confused::p

          Not anymore. I feel that your post gave me diarrhea and I'm suing you for it. I'll see you in court.
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          • Profile picture of the author JohnMcCabe
            Originally Posted by mojojuju View Post

            Not anymore. I feel that your post gave me diarrhea and I'm suing you for it. I'll see you in court.
            Sue me? You're lucky I don't bill you for curing your condition...

            How about we call it even?
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            • Profile picture of the author mojojuju
              Originally Posted by JohnMcCabe View Post

              Sue me? You're lucky I don't bill you for curing your condition...

              How about we call it even?
              Nice. I guess I didn't look at it like that.
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              • Profile picture of the author Byron2k12
                Is this a good disclaimer for a diet routine:

                Don't follow this, stay eating what you want, it is for educational purposes only..
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                • Profile picture of the author JohnMcCabe
                  Originally Posted by Byron2k12 View Post

                  Is this a good disclaimer for a diet routine:

                  Don't follow this, stay eating what you want, it is for entertainment purposes only..
                  Given the number of diet books most serial dieters buy, this might be more appropriate...
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    • Profile picture of the author bluewaveseo
      Originally Posted by SunilTanna View Post

      You can be sued by anyone for any reason, whether valid or stupid or somewhere in between. There is nothing you can possibly do that can guarantee not being sued.

      The real issues you need to think about are things like whether you are likely to be sued, and whether you'd would win if you were sued.

      Creating a product that isn't dangerous will probably help with both. Creating a good disclaimer may help with the second.
      true especially if you are in the US. the legal system has a wide door open for anyone to sue if they wish. a good disclaimer may seem insignificant to some but it is very necessary these days as is a privacy policy.
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  • Profile picture of the author DeanJames
    You need a good legal disclaimer if it involves the health and welfare of others.

    It didn't stop Bruce Lee publishing a book on Kung Fu though I imagine people get hurt quite a lot when they hit each other
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  • Profile picture of the author seasoned
    There are NO laws for ebooks! WHY SHOULD THERE BE!?!?!?!? There is a law that has been around for DECADES that says you can not glamorize, encourage, or suggest anything dangerous, or in any way harmful! If you do, and damage results, you are CULPABLE! THAT is why books, movies, etc... Have a disclaimer telling you NOT to do such things. It is NOT an EBOOK law, and predates much of what today is considered technology.

    Steve
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  • Profile picture of the author fatafat
    eBooks are always tricky when you are not an expert in that field and yet you are writing because you have content relevant to it

    1) Ensure you have your disclaimers clearly sign posted
    2) Ensure you have your glossary and list of books you referred and weblinks provided at the end of the ebook
    3) Ensure you yourself know what you are writing or publishing (think like your customer)
    4) Ensure you are not sloppy in making bold comments with no evidence to support
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  • Profile picture of the author Melkur
    Even a disclaimer may not help in certain circumstance. Certainly, under English law, there are some things that just can't be disclaimed, though I can't recall exactly what - death, probably. It's been a LONG time since I read that aspect of law (and, just as a disclaimer, I'm not a lawyer anyway!) and things may have changed since then.

    I'd still have one, though, just to cover yourself for everything that you CAN disclaim, and, as others have said, make sure that your material isn't likely to lead to death, injury, financial loss, emotional distress etc. There's always someone, somewhere, ready to sue over any little thing, and you can't let them rule everything you do, but it's probably a good idea to make things difficult for them.
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  • Profile picture of the author rmolina88
    I'm lucky I haven't been sued for making people go insane when they haven't made money, I guess!
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