From Surf to Surfing:How a NJ Court might rule on Filters & Libraries -Reply

[Dan Lester]

>>> Randy Anderson <rmanders at sprynet.com> 07/31/97
04:25pm >>>
> The parallels to the filter debate are very strong, and
perhaps ought
> to
> be considered by those who would filter/censor.
>

So is the connection that we should elimate librarians from
our library?
I'm lost?
------------------
NOTE:  I'm not an ATTORNEY nor do I play one on TV.

But I'm relatively educated in the law, for a variety of reasons. 

The above case follows a couple of principles in liability law.  
First, if you've not presented yourself as providing protection,
then you're generally not liable when someone is injured
because of the lack of protection.  And, if you have
represented yourself as providing protection, and the
protection doesn't work, then you generally ARE liable.  

So, if you have a pool (public, private, whatever) with a
lifeguard (thus representing that you're providing protection)
and someone drowns, it is likely that you're liable, as well as
the lifeguard who was goofing off.  Each of you will probably
pay BIG bucks for the drowned kid.

OTOH, if you clearly indicate you do NOT have a lifeguard
and that people swim at their own risk, then it would be tough
to sue you for the drowned kid, and particularly if you had
signs also saying "No one under age 16 permitted without
parent".  Just think of all the hotel pools you've seen.....

So, if you provide filtering, unless you've VERY carefully
covered your behind with the advice of the library's counsel,
then if Johnny sees nasty things that cause "mental anguish
and distress" to the kid or his parents, you're wide open for a
suit.  I suppose some attorney might be able to create signs,
forms, policies, procedures that would adequately cover your
potential liability.  I'd also check if my liability insurance
(which I sure hope you have) covers this kind of thing, or is
limited to physical liability (falling on the steps in winter, etc.).
 
And, since most librarians don't carry professional liability
insurance, and since your other liability insurance (car, home,
etc.) probably doesn't cover you on the job, you might want to
consider adding some.  My wife (also a librarian) and I have
an umbrella liability coverage added onto our other policies. 
That explicitly covers us any time, place, situation, up to two
million bucks.  Better yet, it costs almost nothing when
added onto your auto/home policies.  We're much more
comfortable now we're spending the few dollars a year (about
ten bucks). And if you're the one on duty when Johnny's little
eyes are shocked, you could also be sued personally, as well
as the library being sued.

No, I'm not an insurance agent either.  o-)

The other potential liability is what is generally called
"maintaining an attractive nuisance".  We usually think of that
as something like having an in-ground pool in your yard with
no fence around it.  Even if you're not at home, or the kid
jumps your little 3 foot fence, you're probably liable for what
happens to him.  And a web terminal could easily be
construed to be an attractive nuisance by some hot attorney
with a distraught client because "little Susie" was ruined
because of what she saw on the screen in the library.  

with that,

cheers

dan