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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Selling books online. Need legal protection.

Customer Question

Selling books online. Need legal protection.
Submitted: 10 months ago.
Category: Law
Expert:  Jenny replied 10 months ago.
Hello my name is ***** ***** I am happy to help you today. Please can you explain the situation in more detail?
Customer: replied 10 months ago.
Hello Jenny,Very nice to meet you. My name is ***** ***** I am seeking some legal advice concerning a number of books I will be publishing on KDP (Kindle Digital Publishing) on Amazon. I will be writing the books and publishing them myself to www.amazon.comI am also a fully qualified doctor practicing in the UK and on my "About The Author Page" on my Amazon author page I explain that I am a doctor and encourage my readers to engage with the material. I have attached a word document of what it will say.My concern is that, I will be primarily selling my book to a US market and I am new to business and being protected from a legal perspective. I have been advised to creat an LLC (Limited Liability Company) in the US in order to protect myself in the event someone wanted to sue me for trying to follow the advice in my books and damaging themselves somehow by trying it. They told me with an LLC your assets are protected and as such you can hide behind your company. However I do not wish to set up an LLC yet but perhaps in the future. I want to know your thoughts on this.For background info, the content of the books is not backed by scientific research. They are primarily preventive health guides on how to us nutrition to improve your heath. E.g "The Diabetes Diet: Reverse Your Diabetes". "The Ketogenic Diet: Loose Weight . . . ", "The Anti Inflammatory Diet: Beat AutoImmune Disorders And Be Pain Free".My question is, can I put a disclaimer in the book or do something to 100% protect and cover myself so if anyone tries to sue me for following my advice I am 100% safe.Thanks for your time Jenny :-)
Expert:  Jenny replied 10 months ago.
Hi yes you can put a disclaimer in the books to say that they are not a substitute for medical advice and that no one should follow the treatments (if that's what are suggested in the book) without first seeking medical advice from their own doctor. You may also wish to take out an insurance to cover you against the risk of a claim. This may not be very expensive so you can consider exploring it as an option. I would advise you to contact the Association of British Insurance Brokers in the first instance. Their details can be found here. https://www.biba.org.uk/. This is the basic legal position. I would be grateful if you would give my answer a positive rating as I am not otherwise credited for my time. I will be happy to answer your follow on questions.
Customer: replied 10 months ago.
Hi Jenny,Other than using a search engine to find some templates to put in my book to use as a medical disclaimer is there anywhere specifically you would recommend to get a disclaimer which is will totally cover all eventualities.Are you familiar with the specifics within the US? Are you confident that what you have advised from a disclaimer perspective will 100% cover me.With regards ***** ***** cover with, Association of British Insurance Brokers, I presume much like with car insurance you cannot choose to take out insurance, one a claim/ legal suite is filed against you. Thereby allowing me to not get any insurance until I need to.Can you explain in detail what the risk would be/ series of events that would occur should I have a claim made against me? Surely if they did I could just respond by saying, well there is a disclaimer in the book, therefore your claim is irrelevant.
Expert:  Jenny replied 10 months ago.
This is a question and answer site. I do believe that the answer I have given is correct but given the risk to you I would advise you to go to a solicitor to have the disclaimer properly drafted rather rely on wording off the internet. For peace of mind it would be money well spent. I am based in the UK but my understanding is that this kind of disclaimer would be valid in the US.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Awesome,thanks Jenny
Expert:  Jenny replied 10 months ago.
No problem. Good luck with it and thanks for the rating : )

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