Website Liability, Anyone? Part 1
Each day more cyber-adventurers discover the Web. While many are content with passively exploring, there are plenty of people who decide to become active participants by creating their own Websites or blogs (Internet journals). The reasons for having a Website or blog vary, ranging from frivolity to earnestness. They may focus on fun or may involve serious business. Personal Websites and blogs commonly describe the host, his or her family and interests such as a particular hobby, sports, profession, humor, etc. Whatever the reason for creating a Website or blog, they can represent an additional source of loss that may require additional insurance. The loss potential is directly related to the purpose and content found on the Website.
New Opportunity For Old Types Of Loss
Website liability is an extension of the ages old accountability for what you say or write. Such responsibility extends to household members; so it's important to be aware of what a family's little computer wizard may be doing. The types of losses that may be created by a Website or blog include:
Oops, You May Not Be Covered
Most homeowner policies protect against liability for tangible injury to another person or to actual damage to another party's property. Liability created by Website content typically involves personal (or non-physical) injury that is not covered by a typical homeowner policy. While individuals may be able to add protection (such as add-ons to a homeowner policy or umbrella coverage), certain losses may still be uncovered because they involve intended acts or business activity.
Can You Protect Yourself?
The good news is you can take steps to eliminate or, at least, minimize the possibility of facing a Website-related loss. The first step is to identify areas of concern. The key to understanding and addressing any possible Website liability is to focus upon:
It is important that you think hard about these issues and approach the job objectively. Your building a site just for "fun" could end with you explaining the punchline in court. Two people can interpret a site in radically different ways. Use a method of examining your Website that helps you view it through "fresh" eyes that won't gloss over important facts. Asking the help of others could be a big plus.
See Part 2 for important considerations about your Website.
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