Legal Question in Technology Law in New York
Web designer liabiltiy
I was sued for defamation of character because of an anonymous post on a web bulletin board that I designed. I had been asked by the City I lived in to design it. I had no control over what people posted and I posted a disclaimer to that affect. The complainants are claiming that I am responsible for the insulting postings. I even shut down the site - temporarily - until the users of the site asked to re-instate it to use it for its original intention. I have no idea who the insulting posters are. I was not required to monitor or screen the postings. The website was designed for locals to exchange harmless historical information about the City - internationally. I have had two separate attorneys since about 2002. I have been using an equity line to pay the attorney expenses. Court dates have been canceled by complainants costing me unused plane tickets. (I have moved from NY.) At this point, the attorneys are making money from this frivolous case that should be thrown out and I am losing money that I don't have. I have been told that I have no recourse to recoup the money either. I am desperate for strong legal help (cheap). Please help me end this torture!!
3 Answers from Attorneys
Re: Web designer liabiltiy
I'm so sorry you've had the experience you have.
You should not only get the rest of the case for free, but get your money back.
If you, or those who commissioned the site, have any kind of general insurance, and can get an experienced Intellectual property insurance attorney to fight for it, you can get complete recovery, and shouldn't have to pay again.
Since apparently you were commissioned by the city you live in, they are likely liable to indemnify you, and they have insurance, which should cover you.
Be sure to get an experienced IP insurance lawyer, or the insurance company will simply deny it repeatedly. Good luck.
Re: Web designer liabiltiy
If the facts are as you state, ending the case shouldn't be too much trouble. If you'd like to arrange a consultation, please give me a call in the morning and we can discuss your options.
Re: Web designer liabiltiy
We typically get these suits dismissed because you have no liability for the posts as long as you don't edit them. Call if you want to talk about this.
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