You know that crazy carnival ride you went on last year where they had you sign a waiver that you won’t sue them if you get hurt? Well you can still sue them if you get hurt. It's a deterrence more than something that holds legal weight. In fact, you can sue anyone for anything, so a disclaimer in your book may help in a court case but it won’t stop someone from suing anyway.
Books that give health advice, or push the limits on danger are most at risk for lawsuits. Your disclaimer can say in a big, red, bold font to not try these exercises if you have a heart condition or before you check with your doctor. You can still get sued.
Same with business advice. Your disclaimer, as well as your book, can warn that some of the advice differs from state to state and advise to check with your state government. You can still get sued.
Granted, most lawsuits that are frivolous end up getting thrown out, but my point is a disclaimer isn’t going to stop you from getting sued. It will, however, stand as a deterrent to people considering suing, as well as look good if the lawsuit does go to court. So it gives a layer of protection, but won’t stop a lawsuit altogether. You should have a disclaimer in your book. Here are three common disclaimers you can use. Most people will skip reading a disclaimer, so if your book is both a health book and a financial book consider putting both disclaimers in.
Here is a generic health/medical disclaimer often used:
- The information in this book provides helpful information on the subjects discussed. This book is not meant to be used, nor should it be used, to diagnose or treat any medical condition. For diagnosis or treatment of any medical problem, consult your own physician. The publisher and author are not responsible for any specific health or allergy needs that may require medical supervision and are not liable for any damages or negative consequences from any treatment, action, application or preparation, to any person reading or following the information in this book. References are provided for informational purposes only and do not constitute endorsement of any websites or other sources. Readers should be aware that the websites listed and information provided in this book may change.
Here is a business/financial disclaimer frequently used:
- This book is solely for educational and entertainment purposes. The author and publisher are not offering it as legal, accounting, or other professional services advice. While best efforts have been used in preparing this book, the author and publisher make no representations or warranties of any kind and assume no liabilities of any kind with respect to the accuracy or completeness of the contents and specifically disclaim any implied warranties of merchantability or fitness of use for a particular purpose. Neither the author nor the publisher shall be held liable or responsible to any person or entity with respect to any loss or incidental or consequential damages caused, or alleged to have been caused, directly or indirectly, by the information or programs contained herein. Every company is different and the advice and strategies contained in this book may not be suitable for your situation. You should seek the services of a competent professional before beginning any improvement program.
For fiction a common disclaimer would be:
- The story and its characters and entities are fictional. Any likeness to actual persons, either living or dead, is strictly coincidental. This book is solely for entertainment purposes.
Feel free to copy and paste. You could also have an attorney write you up one for a few hundred dollars.
If you are looking for a more professional level disclaimer for your book (need more specifics for legal reasons) you can contact an attorney or use HugeOrange to write your disclaimer and copyright.