Not only that, but what is frequently NOT reported is the fact that McDonald's had been continuously warned that they had their coffee made too hot - it was MUCH hotter than other fast food restaurants. The woman had severe burns that would have been less if McDonald's had kept their coffee temps reasonable and safe.
But fears of "frivilous" lawsuits is what causes kneejerk reactions like this one at ECF - however, it was not a frivilous lawsuit - just reported as one.
Quote:
Originally Posted by
shelbee6478
Roly you say ECF does not want to be a governing body? IMO you are placing yourself in this position by making a standard. I know this that if you start approving mods you place yourself in the position to be sued.
Agreed - as soon as you start setting a standrard, you place yourself in a position of authority and open yourself to litigation regarding the mods that you DO "approve."
Quote:
Originally Posted by
lightgeoduck
I really think the warning is already out.. and no liability should be held.... If it wasn't for the forum... no one would have heard about the incident and got educated on the matter
A valid point and completely misunderstood by Roly.
This forum does better to allow discussion of ALL mods and let the warnings get out, rather than censor the discussions. Because of ECF, people have been warned about the dangers now.
Quote:
Originally Posted by
jj2
You can put out all the warnings you want. You can title the posts in BIG RED LETTERS and sticky them at the beginning of every post but that doesnt mean all will read.
Roly said that they cannot "disclaim liability" yet there is so far no evidence that ECF actually HAS any liability in the event of an accident.
Most discussion forums have disclaimers that state that the opinions expressed by the members are not those of the site's owners, management or employees, is meant for entertainment purposes only and the site's owners, management and employees are not liable for what is discussed or transactions.
So long as the site's owner, management and employees
do not weigh in and give an "approval" or "disapproval" or any opinons of any kind on the mods, they have no liability then. Period. So better to have a rule for your staff to stay out of giving opinions about mods or other risky behavior and you will remove ECF from the equation.
Another recommendation would be a required "I agree that..." with a list of terms and services (including that the site is for entertainment and ECF is not liable) and the new member has to check a box to agree or they do not get to be a member. Discuss the fact that there are unknowns and dangers and the user is responsible for their own actions.
Finally, you need to change "Approved Vendor" to "Advertising Vendor" or "Paid Advertiser" so as not to suggest that you endorse them or their products.
Those three things would make ECF no more liable for a transaction between a modder and customer than craigslist is for transactions between it's members. If someone hooks up a date on craigslist and gets crabs, there is no way in hell that craigslist could be sued or if they were, it'd be dismissed quickly. I suggest looking to their terms of use for guidance - I'm sure they've paid some big lawyer fees to cover their virtual butts. ;-)
Once you start limiting what can or can't be discussed or advertised, you will be implying that you are making the site a "safe place" for members and keeping them from harm. If they do still get hurt or sick, you have breached that implied contract and will be held liable.
You're better off not setting any precedence and staying out of it, with appropriate warnings & disclaimers.
I am not a lawyer and this is not legal advice, but I have learned a lot from lawyers in my real estate consulting career and learning what is and what is not implied representation, both in selling and running web sites. I recommend determining what would make ECF liable before any kneejerk policy changes.
By censoring and setting standards, you are making an opinion of what is "good" or "safe" and opening up yourselves to even more liability, IMO.
It's a pickle. Good luck with that.