Please remember to read Part 2: [Return]
A Brave New Web World
Each day, thousands of persons around the world
are discovering 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. The reasons for having
a Website vary, ranging from frivolity to earnestness, or they
may be strictly pleasure or serious business. Personal Websites
commonly describe the host, his or her family and interests such
as a particular hobby, sports, profession, humor, etc. Whatever
the reason for creating your own Website, it 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
Although the Web is still relatively new, Web-related
loss exposure is not. Remember that legal liability to another
person or party is the result of your actions that cause injury
or damage to property. Your Website liability is an extension
of your accountability for what you say or write and it extends
to members of your household; so it's important to be aware of
your family's little computer wizard. The types of losses that
may be created by a Website include:
- Libel - knowingly publishing false information
that harms a person's reputation).
- Invasion of Privacy - disclosing information
that interferes with another party's peace of mind.
- Infringement - violating or interfering
with another's property rights or the right to pursue business
Oops, You May Not Be Covered
This is quite important. Most homeowner policies
protect against liability for physical 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 which 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:
- the nature of the Website
- the Website's contents
- who may be harmed by the site
- how a party may be harmed
It's 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.
