Here's an interesting one. This thread has got me thinking about legal issues. Do we have a lawyer on this site anyway?

What I'm curious is - what happens (and I admit this is a loooooong shot) we inadventantly tell somebody how to obtain something illegally. In the case of the mention thread, music but it could be anything like:

- How to remove a rusted lock on something
- Good tips for getting into a house when you lock yourself out

The kind of thing that is probably perfectly legitimate but could also be taken the other way and used for illegal purposes. The person we aided then gets caught and taken to court. His defence is simply - "I was lead to believe by AMHD that this was perfectly OK".

Is this site in anyway liable for his actions? Is there something in the sign up agreement along these lines (and you think I would have checked that before writing all this )?

ScottGem

Good questions, especially in light of the proposed Board Expert group.

I just did a quick scan through the FAQs and rules and didn't see any disclaimer about caveat emptor. I'm not a lawyer, but I don't believe that AMHD would take on any responsibility about any advice given unless they do something to certify an expert. On the other hand a specific person might be held responsible for bad advice if it can be shown that the advice was given with knowledge of its being bad. A lawyer would probably have to obtain a court order showing the advice was bad to serve on AMHD before they would give up personal info.

speedball1

I looked also Scotty and didn't find a disclaimer. I'm with everyone else. I think it's protection that's needed on every Q&A site. Here's AllExperts.

Disclaimer


By your use of the service, you agree to the following:
To indemnify and hold harmless Allexperts.com, its owners and its volunteers for any liability arising from any death, injury, or decapitation, dismemberment or defenestration to you and to third parties resulting from the use of this service, as well as for any loss or damage to property to you or to third parties resulting from any use of our service, including but not limited to information you obtain by asking questions, reading previously asked questions or FAQs, using our message boards, or reading our articles. Such indemnity and hold harmless agreement is in addition to any other indemnity and hold harmless agreement you may agree to when using specific sections of our site. You also acknowledge by using this service that you understand that our volunteers have varying levels of expertise and haven't been certified as "experts" (or anything else) by us in any professional way. Many of them are professionals in their own right, but Allexperts has not undertaken to verify the credentials or abilities of any of our volunteers

It would be wise for Admin and mods to look into. This is a oversite that could possibly bring this site down. But then again I'm just a plumber and not a lawyer. Cheers, tom

ScottGem

WOW!!! If I actually read that. I'd be afraid to post. That actually sent me reaching for the dictionary, defenestration stumped me. It means; throwing of a person or thing out of a window. I guess they think someone will take seriously the claim; I'm gonna throw this thing out the window if I can't get it to work.

Seriously, I've heard varying things about the value in court of disclaimers. But its clear it would be better to have one then not to.

So maybe some expert in the law forums will help them write one. How but wait, maybe that person isn't really a lawyer so if they follow his advice would it hold up? Sounds like a Catch-22 to me.

Scott<>

RickJ

Admin is re-working the rules and User Agreement - and this subject has come up.

Pending adding a formal one, we've added Announcements to the legal and medical boards...but granted, something to cover the entire site would probably be best - that is, if it's necessary at all.

Yes, we have 2 attorneys posting here; I'll point this thread out to admin - and PM the attorneys to give their input too.

RickJ

PS: Keep your eye on FAQ for a disclaimer that admin's going to add. I Just learned of it.

LisaB4657

At Rick's request I have reviewed this thread and agree with the concerns. Here is a simple disclaimer that I've seen at other Q&A sites. I think it does the job neatly without listing the frightening possibilities offered by the disclaimer at allexperts.com:

DISCLAIMER - AskMeHelpDesk is not responsible for, and you may not rely upon, the accuracy of any information or advice posted here. This forum is provided for educational and entertainment purposes only. You should consult with an attorney prior to acting on any information found here.

Comments?

RickJ

I like it: short and sweet.

Do you think it should include members? ie, "Neither AMHD nor it's members are responsible for..." ?

fredg

Hi,
In regards to "tips for getting into the house when you lock yourself out", or any other issues being possible liable, how about National TV News Networks telling millions of people "how to"; "airports with the most security", "problems at this airport with security", "how to start your car without keys", when it comes to Terrorism and other issues?
CNN reports "where" and "how" all day long.
Just wondering if Network Reporters, or the Network itself, have to sign any "release me" from responsibility forms.
As far as a Lawyer being on this site, unless they are retired, all of them I know have too much to do already!

ScottGem

There have been many people who have complained about irresponsible news reporting. Freedom of the press notwithstanding, the press still has a responsibility towards the news. Such pieces as Fred describes should be tempered by reason. However, as long as the information reported is factual and accurate, I don't believe the press is liable.

But this site does NOT report news. The comparison is not appropriate. This site claims to provide a service by bringing together questioners and answerers. Lisa's line about "This forum is provided for educational and entertainment purposes only." is a key piece of it.