How would I go about this business without assuming liability for confidentiality breaches?

[adjusterjack]

Waivers and disclaimers don't protect you against lawsuits for negligence and statutory violations.

 

[JackM678]

Waivers and disclaimers don't protect you against lawsuits for negligence and statutory violations.

It just seems to me like anything short of me or one of my staff deliberately releasing information should be covered. I use Stripe for my applications that require payment to protect against any credit cards being stolen.

I understand that people are trying to help and aren't saying they actually agree/disagree with any of this, but it would seem kind of petty for someone to take me to court over my app not working right and I'd say that person is just suing for the sake of expanding their pocket book.

 

[cbg]

There are plenty of people who will attempt a lawsuit whether they have legal grounds to do so or not.

Just because they signed something that says they won't sue, doesn't mean they won't sue.

 

[adjusterjack]

it would seem kind of petty for someone to take me to court over my app not working right and I'd say that person is just suing for the sake of expanding their pocket book.

Exactly the reason you buy professional liability insurance.

 

[quincy]

What can they possibly sue you for if they agreed in a waiver that they wouldn't? I mean, they already acknowledged that it is not HIPAA compliant, so what medical information being leaked in a summer camp registration could possibly cause any damages that they could sue for? That's just stupid. I mean, some hacker finds out that their Johnny wets the bed due a medical reason. That doesn't cause damage.

You will want a legal professional drafting any waiver of liability for you, to best protect you from losing a lawsuit, and you will want insurance enough to cover the costs of both a lawsuit and a lawsuit loss.

A carefully-drafted liability waiver will inform a consumer of all of the possible risks involved in doing business with you and, by signing the waiver, the consumer agrees not to hold you personally responsible if something does in fact go wrong that was not due to your own gross negligence. A liability waiver generally will not protect you from your conscience disregard for the consumer’s safety.

But, waiver or not, you cannot prevent someone from suing you, for whatever reason they want. That is why you get insurance.

 

[JackM678]

I get it, but it just seems as if everyone here is saying we need protection for the sole purpose that we live in a sue happy society where people are just gonna see whatever they can squeeze out of you even if they didn't actually suffer any damages.

 

[quincy]

I get it, but it just seems as if everyone here is saying we need protection for the sole purpose that we live in a sue happy society where people are just gonna see whatever they can squeeze out of you even if they didn't actually suffer any damages.

Pretty much that is what we’re telling you. Smart business people prepare for the worst because, otherwise, they risk losing their business.