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Viral Video's And Their Legal Consequences.



If someone produces a fake video and plays it off as real, should they be held legaly responsible for injuries sustained by others who attempt to copy the actions without knowledge that it is faked. In today's society, a video can go "viral" in a matter of seconds. This means that it is seen by millions before it could ever be taken down. Realize also, it is a legal fact that once something is on the internet for longer then 3 seconds it is considered to be always available on the internet. Notice how the video in question "Megawoosh" does not have any disclaimer showing that someone should not try this at home.


Based on my knowledge and experience in Personal Injury Law, I believe that this will be the new frontier for injury claims. Without a disclaimer (hey, even McDonalds Hot Coffee has a disclaimer that it is hot)or some other form of "Do Not Try This At Home" (even car commercials tell you that it is a stunt driver on a closed course), I believe that these people could be held accountable for injuries that are caused by people trying this at home.

This leads to the next question, if video's on the internet are grounds for Personal Injury cases, does that mean that without proper warnings and disclaimers that video games could be next?

All Comments are appreciated and I will attempt to answer any questions I receive.


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Yeah, exactly. Do / Should videos like that which incorporate insanely dangerous stunts require some sort of warning. It is now SOOO much easier for people to get these videos (everything has an internet connection now). Is it reasonable to require someone to take some form of responsibility for posting these things and in that encouraging others (especially small children who do not know any better).

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Didn't Clinton sign something that protects the users of the Internet back around 1996?  I know he signed something stating the Internet should be policed under the laws governing print media (which could have been bad had he signed the other bill stating that it would be governed like television).  I know it ended up protecting people's rights to post "how-to's" on attacking, torturing, maiming, and other lude things like bomb making (Hi FBI computer trolling for that 'B' word) and other stuff that will get you on "The List" for searching for it too much.

Probably though, these videos will result in some kind of lawsuits on the people posting them, it is the American way.

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Probably though, these videos will result in some kind of lawsuits on the people posting them, it is the American way.

Don't get me wrong, I make my living off of the American way of being a litigious society, but I can't help but feel bad for people who see this and see that it is being put out there as "real" by someone who REALLY knows how to fake it. I guarantee there is someone out there right now trying something similar and about to land on their face. Would it be such a big deal to make these people put up some kind of warning (at the very least)? I don't think so.

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