Negligent publication is an issue unique to books that provide directions, instructions, self-help (especially medical), how-to information, and other guidance. Although a lot less common than suits for defamation and infringement, there are publishers who have been surprised by liability claims that they are liable because people were injured following advice published in their books.
Cases
Even though the First Amendment guaranty of freedom of the press makes it difficult for injured readers to hold publishers liable for their losses, cases such as these have been brought and occasionally won.
Soldier of Fortune
Perhaps you’ve heard of the notorious 1992 Soldier of Fortune case (more of an “unreasonable risk” case than an “ordinary negligence” case), where the family of a man murdered by a hired assassin obtained a $4 million verdict against Soldier of Fortune magazine for publishing the advertisement by which the assassin was hired.
Travel
Other cases less famous include: Fodor’s Travel Publications sued, unsuccessfully, for not warning readers of the dangerous surf conditions on a Hawaiian beach; G.P. Putnam’s was sued, unsuccessfully, for misidentification of a poisonous mushroom in its The Encyclopedia of Mushrooms, which caused two plaintiffs to become severely ill; and Rand McNally was sued, successfully, for publishing a science textbook that contained an experiment that seriously injured a student.
Good Practice
As a matter of good practice, especially where you can’t eliminate risks (for example, you can’t guaranty that a person beginning an exercise
program described in your book won’t pull a muscle or have a heart attack), include conspicuous warnings that inform the reader of inherent risks and
disclaimers that deny your responsibility and require readers to be responsible for the results of their actions. If the notice is not just a scary warning, but truly smart advice (“check with your physician before beginning this or any other exercise regimen”), you can prevent problems from even occurring…the best defense of all.”
Please use this article as an educational resource only, it is not meant to provide legal advice.
(c) 2019 Karen Van Den Heuvel Fischer