How to Respond to a Social Media Lawsuit at Your Business
In recent years, social media has become an integral part of our lives, both personally and professionally. While it has many benefits, such as increased visibility and engagement for businesses, it also presents new legal challenges. One of the most significant challenges for businesses is the risk of a social media lawsuit. With the rise of social media, individuals and organizations are increasingly turning to the courts to settle disputes arising from social media activities
Being named in a social media lawsuit has become a common business risk for small businesses, but you can avoid such an incident if you’re educated about what could lead to a lawsuit and careful to toe the line. Here are some of the most frequent triggers for a social media lawsuit:
That image or video you saw online might seem just perfect for your latest social media ad campaign or even as a simple visual addition to an article or blog post you publish, but using images and videos without permission can land you in hot water. The same applies to music; if you or a social media marketer working for you creates video content or ads for social media, any music used as a soundtrack should be properly licensed.
The best way to protect yourself from this kind of lawsuit is to purchase subscriptions from reputable sites that have the right to license images, video, or music for commercial use, and ensure that everyone creating content for your social media sites only uses material procured from your licensed sources. In many cases, a “takedown notice” may be issued ahead of a lawsuit. By removing the licensed content immediately, you can often avoid a suit being brought against you.
Consumer Related Content
If a social media user were to mention your brand or “tag” you in a post of their own, you do not automatically have the right to use that person’s photo – even if they are an employee. This also applies to situations in which you may have taken phots in a public place. Make sure you secure written permission before using user generated content, especially if sharing the image on social media can be construed as having a commercial intent.
Bottom line: if your use of someone else’s image or words can be seen as a way for your business to profit, you could conceivably be sued by the third party for perceived damages. Again, a takedown notice may alert you to your social media gaffe and give you time to rectify the matter before a lawsuit is filed.
Defamation using the written word is libel (defamation using the spoken word is slander). Social media counts as written words, and if you badmouth a person or an organization on social media, a lawsuit may be filed against you. This is the most likely instance in which a lawsuit may be filed without a chance to remedy the situation by content removal.
What to do if a Lawsuit is Filed
The best course of action is to seek legal counsel immediately, and not to respond personally to the accusation on the social media platform or elsewhere. Your attorney can advise you as to the best course of action, and hopefully find a way to mitigate the damage. If the person filing the suit can prove financial loss, reputational harm, or both, you may wish to swiftly act to outline your defense and request a summary judgement.
General or professional liability insurance may be able to help protect you in the event of a lawsuit, but the best course of action is to avoid lawsuits in the first place by carefully considering everything your company does on social media and avoiding perilous situations. If your business is the target of a social media lawsuit, swift and transparent action is the best option. Having a competent attorney on your side can help smooth the way to a speedy resolution.
What Are Some Legal Responsibilities Of Pet Owners?
Pet ownership can be a fulfilling experience, with many benefits such as companionship and increased opportunities for exercise. However, owning a pet also comes with legal responsibilities that pet owners must understand and adhere to. In this blog post, we will explore the legal responsibilities of pet owners by defining what a pet is, what legal responsibility entails, and who a pet owner is. We will also discuss some of the most common legal responsibilities of pet owners, including licensing and identification, vaccinations and medical care, leash laws and control, waste removal, and prevention of harm.
By understanding and fulfilling these legal responsibilities, pet owners can ensure the well-being of their pets while promoting harmonious relationships with the broader community.
- Never abandon your pet: It is illegal to abandon or let a Pet loose in public. Abandoning a Pet is a civil offence anywhere and is punishable by law. When a Pet inevitably goes missing, the Pet Owner must make every effort in finding it.
- Never be cruel to your Pet: Cruelty to Pets includes hitting, beating, torturing, terrifying kicking or infuriating your pet. It is wrong and also punishable by law. Other forms of cruelty include confining pets to uncomfortable small spaces or exposing them to harsh weather conditions.
- Never adopt or own a pet when you are not capable of caring and loving the pet.
Responsibilities to others
- Never allow your pet to cause damages to public property or plants
- Clean up any mess in the public by your pet
- Never motivate your pet to attack or threaten other people or animals
- Never wash your pet on a public road.
Other responsibilities are:
- Having Regular Exercise with them: engage your pets in the type of exercise that suits them.
- Schedule Periodic Check-Ups for them: engage in taking your pets to the Vet clinic to ensure they are in good health.
- Get Your Pets to Socialize: this could be achieved by taking them to relate with their kinds, which helps to ease tensions and enable them to attain their full potentials.
- Adequate Feeding of Pets: healthy feeding of your pets is very necessary to make them look healthy and attractive.
- Safe Keeping of Pets: It is the Owners responsibility to ensure the Pets are safe
- Train your Pets: engage in training your pets to make them enjoyable and responsible.
- Love and Respect your Pets: The Pet should be seen as a member of the family and must have the same share of love and respect you accord other members of the family.
Pets are lovely and owning a pet is wonderful, but it comes with a price of responsibility. Though it is tasking, it is something worth doing and it comes with great benefits for both the pets and the Pet Owner as most times happy pets are trustworthy, loyal and make the best companion to their owners.
If you're currently in a rut as regards your pet, don't hesitate to get in touch with an attorney as soon as possible. Not only will an attorney protect your best interest, but we'll also guide you to avoid mistakes. Go ahead and call us, or fill our contact form to begin.
Am I Liable For Injuries and Damages Caused By My Child
Each state has its own law regarding civil liability of the parent for the negligent acts of their children. As a parent you can be held legally responsible for the negligent act of your child the same way an employer can be held liable for the harmful actions of his/ her employees. This legal concept is called the vicarious liability: you become liable despite not directly responsible for the injuries and damages. In other words, you act as a substitute for the consequences of your child's actions.
In the Staten Island, you may be held responsible for damages caused by your child. However, once the child reaches the majority age, which is 18 years, you are no longer liable for the actions of your child. Besides, if there is a termination of parental rights over the child, you won't be liable for an act of the child, because the legal parent-child relationship had ended. Sometimes minors can petition the court to be emancipated from the parents. The emancipation legally frees the child from your authority and frees you from the liability for the actions of your child.
Parental civil liability laws may cover acts such as, but not limited:
- Destruction or defacement of national and state flags, public monuments, commentary headstones or historical markers
- Vandalism to school or government property
- Property destroyed in hate crimes based on religion or race
- Car accident or gun misuse
Normally, the personal injuries and damages linked to any of these acts may also be included in parental civil liability laws.
The Scope of Parental Liability
As a parent, you will be liable for the negligent act of your child if you knew or had reason to know that it is necessary to control the child, and failed to take reasonable action. This legal concept is called negligent supervision. This liability extends to guardians, grandparents and others with the custody and control of the child. The reasoning behind such laws is that you have a legal duty to take reasonable steps to supervise your child. And if you fail to fulfill that obligation and the child ends up destroying a property or causing harm to another person, you are legally liable.
To determine the scope of parental liability to the actions of your child, the court relies on the common law and the reasonable and foreseeable rule. The reasonable rule means that you could or should have known that your child had a tendency to act in a dangerous manner or other parents in the same position would have known the danger. Foreseeable means that you should or could have been able to foresee that your child was capable of causing harm or other parents in your position would have seen the possibility for the damages/injuries.
The Doctrine of Family Car
The doctrine holds the owner of the family car legally responsible for any injury or damage caused by a family member when driving. It applies if the owner knew of it and consented to the use of the car by a family member. However, even if the owner doesn't have a minor listed on an auto insurance policy, under the doctrine, he/she still remains liable. The owner could be held liable for actionable negligence for failing to supervise the child in prudent or a way a normal person would.
Hire an Experienced Personal Injury Attorney
If your minor is involved in any negligent or intentional acts, you should consult with an experienced personal injury lawyer in Staten Island to help you determine the types of liability you might face as a parent.