A memo for bloggers:
In the first case of its kind, the Court of Appeal has endorsed website disclaimers. Mistakes can be excused by warning notices, it ruled. However, the judges based their decision, at least in part, on a misunderstanding of how people use websites.The case confirms that a website can owe a duty of care to its visitors. That much was predictable, albeit untested (by my recollection) in UK courts. What was less predictable was how easily a site could dodge that duty: simply tell your visitors to seek further information before they rely on what they read and, hey presto, you’re off the hook. This month’s ruling is a gift for the risk-averse. Cue more disclaimers on websites.
