Expert: Michael Troy - 1/30/2009

Question
QUESTION: My mother suffered greatly before ultimately dying. Her directive to be let go was authenticated, yet denied by the doctors. I want to create a website that lets people know what she went through and also offer info on how to prevent the same from happening to others and to not unconditionally accept defensive medicine recommendations - for the benefit of the doctors, not the patient.

What's the best way for me to minimize any potential liability including wrongful death lawsuits claiming that they followed advice posted on my website which led to a loved-one's premature death or lawsuits from religious organizations or people that see my site as one promoting suicide and mercy killing?

Thank you.

ANSWER: Hi Gary,

So sorry to hear about your mother.

Please keep in mind that I cannot provide specific advice in this forum.  But generally speaking, if your site simply advocates even suicide or mercy killing, that is protected by the first amendment (I'm not saying you are doing that, but simply to make the point that advocacy, even of illegal activity, is protected speech).

Where people get in trouble is if they provide assistance in how to engage in illegal activity.  You would probably want to steer clear of that.  If you maintain a forum that to which others are posting, you as the site owner cannot be held liable for their speech.

I hope this helps!
- Mike



---------- FOLLOW-UP ----------

QUESTION: Thank you very much for your advice!

I'm concerned about being served a SLAPP, a Strategic Lawsuit Against Public Participation. Would incorporating and having the website owed by the corporation help shield me from this type of abuse? Are there any risks I might lose sleep over?

Thank you again.

Answer
If you personally write and post information that is illegal, having a corporation is not going to help shield you.  If you are really concerned about this, you might want to consider retaining an attorney to review the site itself before publishing it.

- Mike