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Are you liable for injuries or problems caused by your ebooks?

by Domain 1
7 replies
If you are a clickbank vendor or retailing ebooks via a website can you be sued over any injuries or problems caused by your products?

Take for example ebooks in the broad fitness niche, the buyers are following tutorials involving possible running, lifting, stretching etc. all of which can cause injury.

Do you just mention this in your T&C with a tick-box that must be selected before the product can be downloaded on your site and clickbank?

Thanks.
#caused #ebooks #injuries #liable #problems
  • Profile picture of the author BritishMike
    I think a good disclaimer at the start of the book would be OK.
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  • Profile picture of the author sbucciarel
    Banned
    Well, it's not all black and white as most things related to law. They can file a personal injury lawsuit

    Defenses in Personal Injury Cases | Nolo.com
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  • Profile picture of the author Tsnyder
    For what it's worth... if it's a Click Bank product you
    aren't the seller. I'm confidant that Click Bank has this
    issue covered six ways from Sunday but you might want
    to ask them to be sure.
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    If you knew what I know you'd be doing what I do...
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  • Profile picture of the author Rod Cortez
    Originally Posted by Domain 1 View Post

    If you are a clickbank vendor or retailing ebooks via a website can you be sued over any injuries or problems caused by your products?

    Take for example ebooks in the broad fitness niche, the buyers are following tutorials involving possible running, lifting, stretching etc. all of which can cause injury.

    Do you just mention this in your T&C with a tick-box that must be selected before the product can be downloaded on your site and clickbank?

    Thanks.
    This answer to this question isn't as simple as it's sounds. Are you actually liable for any injuries or problems caused by your product?

    There's the operative word, "cause".

    Can people try and sue you? Of course they can. Where it gets tricky is having to prove that YOUR product was the sole cause of their injury. Proving cause is generally a big hurdle, but it also depends on the FACTS of the case.

    * Did they follow your advice in your ebook or product to the letter? (If that's even possible, depending on your product).

    * Did your ebook have all the proper disclaimers?

    * Did they read and understand those disclaimers?

    * Did they have any pre-existing conditions?

    * Did they do anything else that might have caused this injury or problem that had nothing to do with your ebook.

    There are a lot of variables involved, such as the laws in where you live at, the type of product / ebook involved, previous cases (case law), and so on and so forth.

    RoD
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    "Your personal philosophy is the greatest determining factor in how your life works out."
    - Jim Rohn
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  • Profile picture of the author Victor Edson
    You should always include a disclaimer with health related ebooks. You never know someone's physical ability and you should recommend they see a doctor before starting any physical routine.

    That way if they follow YOUR ebook and have an injury they would have first consulted with a doctor, or not have properly followed your instructions. If you say, ask a doctor if you're capable of doing this, the doctor says yes and then they get hurt.. why'd the doctor allow it if the patient wasn't capable? Legally.. you need a disclaimer.
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  • Profile picture of the author BradVert2013
    Like others have said, include a disclaimer. In addition to that, I'd talk to a lawyer if you're really worried about it. Most lawyers will do a free consultation.
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    • Profile picture of the author BackLinkiT
      A disclaimer may not be enough. Under UK law, for example, you cannot exclude liability for personal injury and death.
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