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womble -> Liability for information provided about third parties (4/22/2005 8:26:29)
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I have a bit of a dilemma here. I’m just starting out on a re-vamp of my site. The new version’s going to incorporate a searchable image map (hopefully!) of information, but after a recent conversation with a colleague I’m now slightly concerned about the legal aspect of what we’re planning and liability.
The background is, the site’s for a voluntary organisation for deaf people that covers the geographical areas of Derbyshire and Nottinghamshire in the UK. The plan is to have listed all the different types of resources for deaf people all in one place. This would include things like audiology services, groups and organisations for deaf people, sources of advice and legal advice, and communication support. Communication support includes things like BSL interpreters, speech to text, lip speakers.
It’s BSL interpreters (and the same problem with other communication support, I suppose) that’s the problem. For example, BSL interpreters/other communication support providers should be properly qualified and accredited by their appropriate national body. Some of the information we know from personal experience, i.e. for example, interpreters the organisation’s used. The rest it’s proposed would come from the national organisations who have registers of their members.
The current plan is that individuals/organisations wouldn’t be charged for being on our list as such because of the complex tax rules regarding trading for voluntary organisations and charities, but we’d ask for a donation.
My concern is twofold. Part of the problem is because there may be certain times of the year when information about who’s registered and who’s not may be out of date, for example if their registration’s lapsed. So part one of my concerns is who’s liable for the accuracy of the information, the organisation as a whole, or me who’s doing the maintenance of the site? The second concern is related. Say if an interpreter was ‘struck off’ the national organisation’s register, for want of a better word, and the website contained out of date information, and there was a problem with someone using that service, would I/the organisation bear any liability? The scenario I’m thinking of is where someone looked on the site for information on interpreters, and from information we’d given booked an interpreter who turned out not to be properly qualified or took advantage of a vulnerable client. Would our standard ‘the inclusion of an individual or organisation’s details does not necessarily imply…blah, blah’ cover me/us?
We do have general insurance, but not professional indemnity cover, and I remember seeing in the small print that even if we did, it doesn’t cover information on the internet. Anyone any ideas where we stand on this?
I originally did the website as part of my voluntary role in the organisation, free of charge, because after all I am still learning – that and the fact that when the idea of a website was proposed, no-one at that time had any idea of the work involved and there was no money in the budget to employ someone, which was why it ended up being a DIY job with me doing it. It’s proposed though that now it’s been realized just how much work is involved that they are planning on paying me for the maintenance of the site. Would whether I was doing it voluntarily (I’m also on the committee of the group) or on a paid basis make any difference as far as liability is concerned?
I realize that we’re not lawyers on here, but just wondered if anyone else had had any similar experiences?
Thanks
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