Could I be sued?

[rdlo]

What is the name of your state? CA

I've written an ebook containing some exercises that I plan to sell via the internet.

If someone sprains or hurts themself doing the exercises, could I be held liable, even though there are all kinds of disclaimers and warnings in the book?

Also, is it plagiarism to use abstract ideas I've read in other books, such as using positive affirmations?

Thank you.

 

[compworkr]

As people say, "anybody can sue anybody for anything" - to me that means that court clerks will accept the paperwork to start a lawsuit as long as the format's correct, and if you're going into the business of selling a lot of these books over the internet, you could conceivably be hauled into court in another state [or country] for breach of contract or other civil claim, not necessarily just for personal injury.

I have a hard time seeing that a potential plaintiff would have much of a case alleging you caused her personal injuries by writing and distributing an exercise book containing a disclaimer, but as I said anybody can be sued for anything. Put disclaimers near the front page, back page, and maybe put in more warnings in the first chapter entitled "Before you start an exercise routine" pr something like that. One of the warnings could be to check with your doctor before starting an exercise routine especially if you're over 40, pregnant, have a history of health problems that limit your movement, et cetera.

If you want to use positive affirmations from other books, you should cite your sources. I think it depends on how vague these "abstract ideas" are, but when in doubt, cite your sources to be on the safe side.

 

[rdlo]

As people say, "anybody can sue anybody for anything" - to me that means that court clerks will accept the paperwork to start a lawsuit as long as the format's correct, and if you're going into the business of selling a lot of these books over the internet, you could conceivably be hauled into court in another state [or country] for breach of contract or other civil claim, not necessarily just for personal injury.

I have a hard time seeing that a potential plaintiff would have much of a case alleging you caused her personal injuries by writing and distributing an exercise book containing a disclaimer, but as I said anybody can be sued for anything. Put disclaimers near the front page, back page, and maybe put in more warnings in the first chapter entitled "Before you start an exercise routine" pr something like that. One of the warnings could be to check with your doctor before starting an exercise routine especially if you're over 40, pregnant, have a history of health problems that limit your movement, et cetera.

If you want to use positive affirmations from other books, you should cite your sources. I think it depends on how vague these "abstract ideas" are, but when in doubt, cite your sources to be on the safe side.

What if I incorporate, or form a LLC? Would that protect me from lawsuits or liability?

 

[compworkr]

Those could only protect you from personal liability, but wouldn't you be the one putting capital into the corporation or LLC? Even if you formed one with a partner, I imagine you would be contributing too? (even if you reach some sort of agreement that your partner gets all the profits and you don't put in any money, you might be considered to have created a sham or "shell" corporation just for the purpose of avoiding personal liability in which case you would still be personally liable). If no such agreement, you could still conceivably lose some of your money if the corporation or LLC doesn't have enough assets to pay for the defense of a lawsuit - since you may have to dish out more money from your personal accounts to pay for the defense. Nothing can protect you from lawsuits.

I'm not sure it's worth it to form a corporation or LLC, but one way of looking at it, which some businessmen do, is that lawsuits are a part of doing business. They can't be avoided but if you can make enough profit to compensate for them, then doing business is worth it. There are a lot of other laws on corporations and LLC's so if you decide to form one you should review them, and you should consult a lawyer if you want to form one - ask him about tax consequences, et cetera.