Liability Waivers…Do We Need Them?

[Bobbie Crawford-McCoy (NURTURE)]

This question has plagued me ever since I started my blog. I know that it may seem like overkill because who in their right mind would try to sue a book blogger (who doesn’t make any money at it) but you never really know, do you?

I have never been threatened with a lawsuit or anything, but does that mean that I shouldn’t be concerned about the possibility? Goodness knows, lawsuits can come at any old time and for, in my opinion, some of the stupidest reasons known to man…and sometimes those “ridiculous lawsuit” people win! Can you believe it??

I have taken (perhaps unnecessary) precautions and I have added a liability waiver to my blog, just in case.

But what do you think? Is it necessary to have a liability waiver on your book blog, personal blog or website?

Am I being overzealous and a little paranoid or is it something that you will be looking into to because it sounds like a really good idea?

Or do you already have a Liability Waiver posted on your blog or website?

Please discuss this topic with me.

http://bookreviewsbybobbie.wordpress.com/2009/08/12/liability-waive...

And/or you can email me at: bookreviewsbybobbie(@)gmail(.)com

[Marian Perera]

Hi Bobbie,

Thanks for your welcome!

It would only really have been a brush with disaster if the press's lawyer had contacted me, and even then, they're in the States, I'm in Canada... doubt they'd make too much of it. Writers speaking up on behalf of whatever vanity press they've signed with are doing that out of loyalty rather than as part of a legal maneuver.

The presidents of both vanity presses contacted me, one posting a cut-and-paste spiel on my blog and the other sending me attachments that I didn't open. He then complained about me on the Amazon forums, derailing a thread to the point where people asked him to stop. But either way, neither of them said anything to make me believe there would be legal repercussions.

I've never been able to go too long without some kind of crusade. My friend Jordan calls me a rebel in search of a cause. :)

[Bobbie Crawford-McCoy (NURTURE)]

Hi Jill,

Thanks for sharing your thoughts on this topic! :) I agree with you; we never can be too careful.
Super! I'd love it if you would post your liability waiver here so we can read it and maybe we can get some tips from it too. :)

Thanks!

[gaby lapus]

Re: having the liability waiver cover all jurisdictions - it might not be necessary to cover all jurisdictions if your giveaways are limited to the US and Canada.

The winners of the contests are essentially receiving the books as gifts - I'm not sure how much of a right they have that they can enforce in court. The inadvertent release of their email address, etc might more of a problem.

Does anyone else have thoughts on the matter?

[Anysia]

You'll most likely run afoul of Quebec law at the very least. There is a reason that Quebec is excluded from almost all giveaways run in Canada & the US. I also see some states/US territories routinely excluded from US contests--not sure why in the case of US. In the case of Quebec there are ridiculously stringent rules on giveaways that discourage even the biggest companies from bothering.