If you’ve read almost any other post on this website, you’ve probably seen the paragraph at the end reading “Disclaimer…” Or maybe you’ve visited a website that offers health information and includes the statement “this is not medical advice and not to be considered a substitute for medical advice, diagnosis, or treatment”. Or if you’ve read the back of an event ticket. Or even seen a “No lifeguard on duty. Swim at your own risk” sign at the beach. These are all types of legal disclaimers. This post covers website legal disclaimers and why you need one.
What is a website legal disclaimer?
A disclaimer is basically a statement that tries to limit your responsibility for whatever happens and/or whatever damage may be caused by something you did, said, product you created, etc. Disclaimers exist in all sorts of areas and it is common (and in my opinion, a good idea) to include them on blogs and websites.
The truth is people may be hurt by something you put out in the world. But, just because you put something out there, doesn’t mean their injury (I’m using this in the legal sense, so it can mean any type of injury and not just physical injury) is your fault.
I know that sometimes I see disclaimers and think it’s crazy that you even have to say that. But, they’re there because lawsuits happen and too often it’s only after that a business or individual realizes they should’ve had something in place to warn.
Though there are many types of disclaimers, this article specifically covers website legal disclaimers. That is, just a legal disclaimer that is on a website to limit liability for the content and/or products shared on the site.
Do I need a website legal disclaimer?
It depends.
For some websites, a disclaimer is necessary. Not necessary because it’s required by law, but necessary because you have a higher likelihood of liability. I also think if you are in certain professions and sharing content related to that area, it’s very important that you let your audience know 1) your website does not create any professional relationship with them and 2) the content you share is not meant to be a substitute for professional advice. As a professional, you may have more credibility in the information you share, but people may also see you as a professional they have a personal relationship with which is not good.
But, considering it’s just a matter of adding language to your site, I think every website should have one.
If you are in certain niches, a disclaimer is going to be more important that others. Let’s say you are a personal trainer and decide you are going to start an online business where you will offer general training programs anyone can purchase from your site. In real life, you create a one-on-one relationship with your clients and tailor the workout program you create for them to their specifications, including any physical limitations or ailments they have. With a general program, that’s just not possible. So, if someone buys your program and injures themselves, guess who they are going to try to hold responsible for that injury? Yep, you. When you are creating something that’s available to anyone, whether it’s content or a product, it’s impossible to tailor it to all individual needs. So, you include a disclaimer saying you aren’t responsible if they use it and it doesn’t work for them or causes them injury.
For example, as a lawyer, it’s possible someone will read something on my website, use that information to take action (or not), and be injured. That’s why you’ll see a disclaimer on my posts saying that I am not their attorney, it’s intended as general information only, and I’m not liable for the things that may happen if they follow my information. Do I say this because I’m not being thoughtful about the information I’m putting out there or that it’s bad information? Of course not! But, when I say something generally, that means it won’t apply to everyone and may affect people in different ways.
What is the benefit of a website legal disclaimer?
Basically, to protect you if you are sued. The thing about lawsuits is when someone gets injured, they may look for the responsible party. In some instances, the business that put out the information or the product is truly at fault because they made a mistake (this is almost never done intentionally, though it could have been done in an attempt to increase profits). In others, the injured party did have something happen and doesn’t feel they should have to take responsibility for it. Right or wrong, as business owners, it’s up to us to protect ourselves.
You may be sharing content that people can consume, make some decision to act (or not act) based on that content, and be injured because it wasn’t the right choice for them. You may link to another website in a blog post and the party is injured based on something on that website and so they sue you for linking to the website. (One of the first things you learn in Torts in law school—sue everyone possible to maximize possibility of recovery!)
You can do your best to research and include good information on your site, but there’s always the possibility that something will change and your information will no longer be good. Or you could just be wrong. Or, the problem could be that the information you shared was awesome but that individual had a special set of circumstances that made it detrimental to them.
A disclaimer will not keep you from being sued. But, in case you are, you can show you warned the party of the potential dangers of your content, product, etc. and ultimately not be held liable for their injury. I won’t go into details on how a lawsuit is handled, but basically {ideally} Party A would sue, Party B (that’s you) would answer saying you tried to warn them against relying on any of your information with a disclaimer. The court would say, “you’re right. Party B you are not legally responsible for the injury. Case dismissed.”
What should a website legal disclaimer say?
Again, it depends. Different websites will be sharing different types of information they need to disclaim liability for. Before you know what your website disclaimer should say, you need to know what potential risks you need to disclaim liability for. For example, if you are sharing workout moves, you need to be mindful of the fact that someone who is not in the physical shape to do those moves could try them and injure themselves. If you’re sharing information about natural remedies for health issues, it’s possible someone would follow your advice and end up harming themselves or ignoring a serious medical condition thinking they could cure it with oils.
Common language in a website legal disclaimer
- General information only
- Do your own research
- No professional relationship created by use of the website
- Use at own risk and release from claims
- If you are or are not a professional
- Should not be considered professional advice
- Not a substitute for professional advice
- Disclaim accuracy of information
- Suggest they speak to a professional
- Not responsible for action or inaction taken based on your information
- For those with advertisers, its common to say the content of those ads do not necessarily represent your views
- Links to other sites are for convenience only and don’t represent your views
- You don’t necessarily endorse a person or company just because you link to them on your website
- Clause saying it can be risky to send sensitive information through your website
Where should you put your website legal disclaimer?
To have an effective disclaimer, it needs to be in a place where people will see it. That means you can’t hide it on some page on your site and think that is good enough.
One way to include a disclaimer is to make a pop-up that appears as soon as someone visits your site requiring them to agree to the disclaimer before they proceed. Though this is likely the most effective (and if your site has a high likelihood of potential liability, maybe this is a good idea), it’s cumbersome and not ideal for most sites.
I like having a separate disclaimer page and including a link to that page on every page of your website. This can be in the footer, but should be accessible from any page on your site.
You should also include disclaimer language in your Terms of Use/Service. This can just be a repeat of what’s included on your disclaimer page, but it offers visitors another opportunity to review the disclaimer.
Finally, I also include a disclaimer at the bottom of all posts that include information I feel a disclaimer is necessary for. Depending on what type of content you offer, this may not be necessary, but it’s just another opportunity for site visitors to see the disclaimer and learn that you are not responsible for their reliance on the information or what they do/don’t do based on the information.
Does a website legal disclaimer work?
Maybe. I can’t say that all disclaimers work all the time for all types of injuries Like anything, whether or not you’re protected from liability will depend on many different factors. But, having a strong disclaimer in place is an excellent way to attempt to protect yourself from legal liability.
Before a disclaimer will be enforced, the injured party has to consent to it. When the disclaimer is a sign that’s clearly displayed or in a contract this may be easier to prove than on a website. We discussed where to put your website disclaimer above. The more clearly it is displayed, the more likely it’s going to be found that the person consented to it. If it’s hidden on a separate page that’s not linked to anywhere and unable to be seen or found by anyone, how can they consent to it?
That being said, a disclaimer will not keep you from being sued. Anyone can bring a lawsuit at any time. And, even if you win, it can cost money to defend a lawsuit. But, having a disclaimer in place can 1) keep you from ultimately being held liable and 2) can reduce the costs of defending a lawsuit against you, because it may be decided faster.
If you have any kind of website, I think it’s a good idea to have a website legal disclaimer. If you have a website where you’re offering information that you could potentially be held liable for, I strongly recommend you have a disclaimer.
You can create your own disclaimer. Check out other websites in your niche and see what they use. DO NOT COPY! But, also, use your own judgement. Just because another site is doing it, doesn’t mean it’s correct.
If you would rather purchase a disclaimer template you can customize for your site, check out my template here.
Want to make sure your website is fully protected? Check out this post to learn the other legal pages you need on your website.
Disclaimer: This site, and all information contained herein or through communication with me, is intended as legal information only. I am an attorney, but I am not your attorney, so nothing on this site, nor any communication with me, shall create an attorney-client relationship. I am not liable for damages or losses based on any action taken, or inaction, based on the information contained on this site. All areas of the law are fact specific and there is no substitute for legal advice from an attorney licensed in your jurisdiction who is familiar with the specific facts and circumstances of your situation.