What I’m reading: Rebecca by Daphne du Maurier
What’s on the iPod: Happiness Is by The Airborne Toxic Event
Yesterday was one of those days. I was motivated enough, but couldn’t stay focused on the projects. Thank goodness there were only two small ones. Never thought I’d rejoice in the lack of work. Daughter called with an upset, one I can’t and won’t handle, but she needed to talk it out. I can’t go into detail, but let’s just say sometimes family can be one’s greatest source of pain and frustration. She’s on better footing and hopefully things will come out in the wash, as they say.
I had an interesting conversation with my writer chum about blogging. He was relating a story about one more blogger being sued by a company for posting negative comments. Mind you, the blogger’s facts were correct (except one, which he quickly changed and apologized for), so the judge had no sympathy for the company, but it does raise an interesting concern. How are your blogging activities exposing you to liabilities?
This intrigues me. Maybe it’s because this is my area of specialty – insurance and risk management – or maybe it’s because I blog. I’m careful to make sure I don’t state untruths or erroneous facts when I’m complaining about a company or a service or a client. In fact, most cases you won’t see a name attached to my complaints. It’s embarrassing for those who have allegedly done me wrong, and there’s always the chance that we may work things out, in which case I don’t want to shut the door prematurely. Also, I recognize the potential liability. Journalism school taught me that much.
But what of others and their blogs? Some aren’t so lucky. Like these folks:
– The blogger in North Carolina sued for $20 million for exposing what she alleged was a scam by a company that approached her to include her in a documentary, which eventually led to them asking her for $25K in order to include her in said documentary.
– The real estate blogger sued for $25 million for defamation of character by a high-profile developer.
– The book review blogger sued for $15 million for claiming a book was factually inaccurate.
– The blogger sued for comments left on his blog by other people.
– And a myriad of bloggers sued for libel for untold amounts of free opinions.
In most cases (can’t vouch for all of them), courts have thrown out lawsuits or decided in favor of the defendant. But it’s a level of stress we self-employed don’t need. It’s hard enough planning for estimated tax payments – who wants to be planning for settlements or judgments?
There are a few ways we bloggers can protect ourselves (with thanks to Bob Calandra for some of the ideas).
Incorporate. This saves your personal effects, and those of your spouse, from being targeted for settlement payout.
Get insurance. Professional liability insurance is a great place to start. Go with a reputable company – one with at least a AAA rating or an Excellent rating. Think household names. And go with a company that specializes in your profession. Also, consider adding advertising and personal/brand injury coverage.
Join an association. Some of the best offer legal services and group liability insurance for paying members. Research them well and choose one that fits your needs.
Double check everything you say. If you can’t verify it, don’t write it. If it’s a personal experience, alter the details to protect those who have ticked you off. While what you’re saying may be true, you may be harming someone’s reputation or career. That’s never cool.
That’s not to say you can’t openly disagree with someone. That’s personal opinion. If you say “I don’t agree with his decision to sell his work for $1 an article”, that’s completely different than saying “This guy’s a complete jerkwad and he should fry in Hell for his stupid business practices!” That may be what you’re thinking, but you need to temper your response for public viewing.
Did your blog ever get you into trouble? How concerned are you with this risk? Did you ever read something you thought was a lawsuit in the making?
13 responses to “You, Sued”
Hi Lori:
Although a recent post of mine wasn't so much about being sued as it was about online rants, I did cite an article I had read about this topic – maybe the same one you read.
The interesting thing about the article is the lawsuits brought against comments vs. the blog. It also showed that the courts order the identity of the person so hiding behind some username won't work.
You gave some great suggestions for protecting your blog and business, but think about when you (as in the global you) 🙂 comment at someone else's blog.
Maybe it's because my background is magazine writing, but I often feel as it I have some sort of built-in libel filter. Or maybe it's because I have this annoying habit of always trying to see the other side of the story. (Mark my words: One day this trait will land me as a juror on a never-ending trial. With any luck it will be a high-profile case so after the trial I could make up for lost income by writing a book on the experience.)
This is also probably why I have a large number of friends whom other people find highly annoying. "How do you put up with that person?" is a question I often hear (occasionally from some of the friends whose actions can elicit the same reaction from others). I try to focus on their positive traits, and when the negatives get in the way I give myself some space.
Of course, I do hold a grudge against a major insurance company for the deplorable way they treated my sister (and many, many others) when they were in desperate need of the coverage they'd paid for. But hey: mess with someone I love and you'll release the Anti-Paula.
You pretty much said what I was thinking. There's a fine line between disagreeing with someone and all out name-calling. Some people think calling others out shows strength in character, but it doesn't. It just shows a weakness. One you try to compensate for by bringing others down.
I have to admit that the fine points of legalities aren't built within me. I understand privacy in most areas, but when you bring legal issues to it, you lose me. If I question something, I will certainly check it out before publicly publishing it. It just won't come as easily to me as it might you.
I'm not familiar with the case of the blogger being sued for other comments on the blog. It sounds ridiculous as it is stated, but I don't the know the specifics to it. I believe I've heard about the others mentioned and definitely have my opinions on them. But, I keep them to myself for now.
In general, I tend to avoid making statements that may be deemed controversial. I've seen too many people attacked by followers of popular blogs, harassed, etc., so I just try to stay out of things. While that's not the example you were talking about, the same principle applies. Sometimes not saying anything at all is the better choice. For me.
Cathy, exactly. How many of us think "They won't see me commenting over here!"?
I'm not looking forward to meeting Anti-Paula, who I'm sure is completely different from Aunty Paula….
Wendy, that's it. Disagree all you like. Just don't besmirch the character of someone just because you don't like their idea or approach.
Becky, you're right. The same principle applies. I've disagreed with people on this blog openly, but that's where it ends. I say controversial things from time to time, but it's always stated as an opinion and never stated in a hurtful way.
Isn't it a shame we've come to this… that I can't state a strong opinion without fear of being sued.
Anne, I think you can state strong opinions, and should. Where I think people are getting into trouble is by stating erroneous facts and by smearing the character of those they disagree with.
Of all your readers, I'm probably the one who should be most concerned about being sued, but I'm not … actually not in the least. I make sure that whatever I post on my blog is the truth and that I keep all the emails to back that truth up, just in case. Libel has nothing to stand on if there's no untruth involved. Of course, someone could still claim that I'm lying and waste a lot of my time, but in all cases I'm confident I'd come out on top.
The idea of being sued over someone else's comments though? That escapes me. What about places like Writer's Weekly Whisper and Warnings or The Rip-Off Report, where others' (alleged) deadbeats are outed by a third party who has no insider knowledge of the situation? Interesting food for thought.
Never been sued. However, one time a state attorney who was up for re-election threatened "libel" over an article in which I mentioned him. His complaint? I didn't mention him or quote him ENOUGH!
The publisher did nothing. Nor did the S.A. I only wet my pants a little.
Great timing on this one Lori. I was actually just in my local State Farm office last week changing my renter's insurance and car insurance policies over to them. I'd seen some shady looking liability and errors & omissions insurance policies in the past, and saw nothing of the sort on State Farm's website. So I asked my agent about it. Turns out they do offer protection, and they're putting together the details and mailing it over (because it's so rarely requested they actually had to go digging for it — and that's a shame). I'd been thinking about this for quite some time. But given my reputation as a somewhat controversial blogger at times, and the fact that I'm jumping back into the niche where I've been most known in that way, it seemed like a good time to consider some extra protection. I know enough about media law issues from my old PR days to be careful about verifying facts and wording things appropriately. But sadly we live in a sue-happy society where people will throw money at you to try to shut you up, assuming you can't defend yourself. I would anyway, as a matter of principle, because that's simply my nature. But it sure would make me feel better about it knowing that if something does go wrong I'm covered. Basic point is this — even if you don't think your insurance company offers this protection, ask them. It seems pretty uncommon, so it's not heavily advertised by some of the bigger companies, but apparently they do issue the policies.
I do try to be careful whether I'm blogging or writing for a publication. At least one of my contracts for a publication I write for regularly includes an indemnity clause, so I try to keep that in the back of my mind. We writers are putting ourselves out there in more ways than one!
Kathy, I'm still shaking my head over some of the news reports I saw. How can you sue someone if they say something factual about you or your business? Let's put it this way – anyone can sue for anything. The real trick is proving your point and winning. I think these would mostly be nuisance lawsuits. In fact, I know of a nuisance suit going on right now that it utterly ridiculous. If I could mention it, I would. In email, definitely. 🙂
Georganna, how DARE you not mention him more! LOL That's just the weirdest thing.
Jenn, check with Zurich, as well. I had a quote from them once that was really reasonable.
Very true, Stacey! In fact, I've read similar clauses in my contracts and thought I was walking a tightrope a few times.
Great suggestion Lori. I'll give them a look too! Enjoy your trip!