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

[Joseph Arellano]

I wrote up a mid-length response to you on this question/issue, but your Google mail address is apparently is not working. If you send me a good/valid e-mail address I'll forward it to you. Joseph from http://josephsreviews.wordpress.com/ . My e-mail address is: [e-mail] .

[Joseph Arellano]

I stand corrected. I wrote down your e-mail address incorrectly. My message/response has been sent to you. Jos.

[Bobbie Crawford-McCoy (NURTURE)]

I received your wonderful email, Joseph. Thank you. :)

Would you be able to post the contents of your email on Book Reviews By Bobbie at this link: http://bookreviewsbybobbie.wordpress.com/2009/08/12/liability-waive...

I'd really appreciate it!

Thanks,
Bobbie

[April]

I kind of feel like the liability waiver is overkill. I mean, if you write a negative review you aren't doing anything wrong. It's not like you are slandering the author, rather you are offering an honest service out to the public for free (reviewing the merits of certain books). In order to have a lawsuit you need to have something to sue over, and I feel like it's not like someone can cut themselves on their blog, or slip on your blog's black ice, or something crazy like that. Also, it's not like you are running a hate blog, but if your liability waiver helps you have a worry free night, then more power to you!! :-)

[Bobbie Crawford-McCoy (NURTURE)]

Thanks for you input, April!! :) You've made some really great points!
And yes, I do sleep a little easier at night. lol ;)

[Bobbie Crawford-McCoy (NURTURE)]

When I think about the necessity of liability waivers, I suppose I’m speaking more about Book Giveaways and so on. For instance: if someone gets ticked-off because they didn’t win a book (they weren’t randomly selected as the winner) that I personally have hosted a Giveaway for and then decide to sue OR a book that they were supposed to receive from me or a third party (a publishing company for example), never arrives (they say) but to all intents and purposes they should have received it (as far as we can tell) so they are ticked–off and threaten to or actually sue…I know that even to me it seems like overkill and a rather unlikely event, but one never knows just how spiteful some people can be, perhaps until it is too late. I’d HOPE that it would never be a problem, but I try to be pre-emptive, so I feel that a liability waiver is an extra insurance policy, if you will. I’m sure it isn’t ironclad, but it’s a decent try. ;)

I really appreciate all of the input & please continue discussing this topic on Book Reviews By Bobbie: http://bookreviewsbybobbie.wordpress.com/2009/08/12/liability-waive....

Thanks so much. :)

[Anysia]

I feel that the liability waiver is overkill. If people are going to be that ridiculous then a waiver isn't going to stop them. IANAL, but since there is no way to make your readers agree to the waiver in order to use your site I don't see how it would be valid.

[Bobbie Crawford-McCoy (NURTURE)]

Hi Anysia,

In many ways I agree with you...not that it matters if I do because we are debating the merits of a Liability Waiver, but my waiver doesn't need the person's permission:

"By entering comments, subscribing to, viewing and/or in any other way dealing with Book Reviews By Bobbie, you the entrant/commenter releases and holds Releasees, Book Reviews By Bobbie (Bobbie C.-M.), her family & associates harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, their prize(s) or personal property.
The entrant agrees to fully indemnify Releasees, Book Reviews By Bobbie (Bobbie C.-M.) her family & associates from any and all claims by themselves and/or third parties relating to Book Reviews By Bobbie, personal information releases, Book Giveaways, Contests or comments, etc. without limitation. By participating in and/or viewing Book Reviews By Bobbie content you and any one related to you and/or working for or on behalf of you, thereby forfeits any/and all claims to any monetary or any other type of compensation from Book Reviews By Bobbie (Bobbie C-M), her family or her associates."

I doubt that a waiver would stop them either, but it is something that may deter them and/or allow me a leg to stand on in court, if it ever came to that.

Thank you for your opinion! :)

[Anysia]

The problem with the web is that people from all over the world look at your site. Your waiver doesn't mention any jurisdiction so I wonder if it would be invalid for some users (some jurisdictions may not recognize anything that users don't explicitly have to agree with--like I said I don't know that for a fact it's just something that I wonder about).

I'm not sure why you say that you will publish the email addresses of winners on your site. I can't think of any reason that would be needed and it invites needless spam. What's the reasoning? (I'm curious, not picking at you-- just in case that doesn't come across).

[Bobbie Crawford-McCoy (NURTURE)]

Hi Anysia,

Yes, that does pose potential problems...maybe I can find someone who can figure out the legal ins and outs of a really great Liability Waiver that covers all jurisdictions, with or without permission. :)

Well, its not that I will publish them per say, but some people post their email addresses in their comments (which is on my site and viewable to anyone – not that it’s technically my responsibility) or by a slip of an email to, say a bunch of Book Giveaway winners, if I happen to forget to BCC the email addresses and send them as regular emails, then I could be liable if those email addresses ended up in the wrong hands. If the email addresses were sold (NOT by me) but by someone else who also received that same email, it could put me into a bit of a bind because I was the one who distributed said email.

[Marian Perera]

Hmm, I've commented negatively about four vanity presses on my blog. Two of them got in touch or posted comments, and a writer published by one of those presses contacted me in private to suggest/hint that I was going to be sued by them. Hasn't happened yet.

It was kind of an adrenalin rush, though. :)

[Bobbie Crawford-McCoy (NURTURE)]

Hi Marian,

Thank you for sharing your “brush with disaster”; I know, I’m probably over dramatizing it, but I’d be more then a little freaked out if it happened to me! I 'm so happy to hear that it didn't come to anything!!
I really appreciate that you’ve joined in on this discussion! :)