Pictured above: Norman Robertson Smith, partner, MGF
Solicitors
Website owners need to ensure everything they post on the
internet can be relied upon otherwise they could find themselves
caught in a tangled web of claim and counter-claim.
And, according to Norman Robertson Smith, a civil litigation
partner at Midlands law firm MFG Solicitors, it may well prove very
costly.
A general disclaimer might get you off the hook but it's better
to keep the information accurate and up to date.
The confusion follows a dispute over a swimming pool, which
landed a website in deep water.
Mr Robertson Smith said: "If you own a website which gives
information to someone who visits it but the information turns out
to be faulty, you may be liable for the consequences.
"The law has long been that if a person makes a statement or
promise which turns out to be wrong or faulty in some way and
someone else has relied on it, then the wronged party can bring a
claim for negligence so long as it was reasonable for the
individual to rely on the statement or promise in the first
place.
"If the two of them entered a contract with each other on the
strength of it, then the wronged party may be able to claim
compensation for misrepresentation or to get out of the contract
altogether.
"So why should the situation be any different in the case of a
website which gives faulty information?"
It is not, according to the Court of Appeal in a recent case
involving someone who wanted to have a swimming pool built in his
garden.
Not knowing anything about swimming pools, he looked on the
internet to find an approved contractor to fit his pool. He spotted
the trade association for swimming pool contractors, pinpointed on
their website a local contractor and arranged for him to do the
installation.
"But the contractor was not up to the job, failed to complete
the work and then went out of business," said Mr Robertson
Smith.
"So the customer sued the trade association, saying their
website had led him to believe that the contractor was sound and
competent and above all that if the contractor did not do a proper
job, the association would find another member who would put it
right at no extra cost.
"The court decided that it was perfectly reasonable for a
customer to have relied on what the website told him. After all,
what was the purpose of having an information page on a website if
the public could not rely on it?"
Nevertheless, the judges decided that the complaint could not be
upheld. They decided that the website had to be looked at as a
whole and merely checking out the home page and using the
information there was not enough. The householder might have been
expected to explore further, should have looked deeper, and, if he
had, discovered that the contractor was not guaranteed by the trade
association after all.
However, one of the judges disagreed.
She decided people would expect to rely on the association's
information page, and so it had to be accurate.
Having said that, the customer could and should have made more
inquiries of his own and so the amount of compensation he might
achieve would have to be greatly reduced because of this
contributory negligence.
"So the result is that if you own a website and the public have
access to it and it contains wrong information, you may be liable
for the consequences," said Mr Robertson Smith.
"But a general disclaimer or added advice that information ought
to be checked out separately may be enough to get the website owner
off the hook."