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womble
Posts: 5461
Joined: 3/14/2005
From: Living on the edge
Status: offline
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Liability for information provided about third parties - 4/22/2005 8:26:29
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problem is because there may be certain times of the year when information about who’s registered and who’s not may be out of date, for example if their registration’s lapsed.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interpreter was ‘struck off’ the national organisation’s register, for want of a better word, and the website contained out of date information, and there was a problem with someone using that service, would I/the organisation bear any liability?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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Nicole
Posts: 2800
Joined: 9/15/2004
From: Nambucca / Kempsey, Australia
Status: offline
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RE: Liability for information provided about third parties - 4/24/2005 7:31:26
quote:
Gender Centre publications provide neither medical nor legal advice. The content of Gender Centre publications, including text, graphics, images, information obtained from other sources, and any material ("Content") contained are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical nor legal advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your medical condition. Never disregard professional medical advice or delay seeking it because of something you've read.
Always seek professional legal advice on matters concerning the law. Do not rely on unqualified advice nor informational literature.
quote:
The Gender Centre is listing these links to the left for information regarding specific areas of transgender life and transition, and other resources where appropriate. Please note, while information on these websites have been found useful to some, the Gender Centre takes no responsibility for information appearing in these websites.
Many of the websites are American and British owned and operated. While general support information may be similar to here in Australia, web surfers are encouraged to contact the Gender Centre for information regarding most medical and legal issues.
The Gender Centre also possesses an extensive referral manual in the areas of legal, medical, accommodation, employment, HIV/AIDS, Psychiatric, Youth, Aboriginal and Corrective Services. Some of this information cannot appear on our webpage for legal reasons, and again, interested parties are encouraged to contact the Gender Centre directly. Our contact details can be found on our "Contact Us" page located within this site.
Hi Womble,
I agree that Jaybee's example is more inline with what you're looking for, but the 2 i've posted above could also give you ideas of wording you could use.
When I used to work in Community Services, we had to give at least 3 options to a client for any service. I'd also run it by a solicitor, but would think something like "It is the responsibility of the client to varify the required qualifications of......"
Similarly, if I were you i'd have your organisation sign something with you, a contract stating that they will indemnify you for any claims etc. resulting from the designing of their website. Ask them to write down a list of the services you are to include in their website, then at least you'll have it in writing.
Nicole
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womble
Posts: 5461
Joined: 3/14/2005
From: Living on the edge
Status: offline
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RE: Liability for information provided about third parties - 4/24/2005 7:57:30
Thanks Nicole, that's really helpful. I think what I need is a combination of Jaybee's quote and yours because while some of the info may be hyperlinks, a large percentage of it will be just contact info. I'll cobble something together and run it past my friendly local neighbourhood legal eagle.
Thanks as well for the suggestion about drawing up some sort of contract with the organisation. I'm doing a report on all the various issues surrounding the website, so I'll include that as well. It wasn't something I thought about when I first did the site because it was all done in rather a rush just to get something up there so we'd fulfilled one of the aims we'd agreed with our funder, but now I have more time, I can do it properly.
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