If someone gets hurt or dies because they followed my instructions on YouTube, could I be held liable?
For example, suppose I post a video about a BBQ pit modification or technique and something happens that causes a fire that burns down a house or kills someone. Could I be sued because it was determined that the BBQ pit modification and instructions that I gave was what caused the fire?
As I have learned from many posts here and elsewhere: If your question is “Can I get sued?” the answer is always, “Yes.” Anyone can sue you over anything at any time.
The question you wanted to ask was, “Would they win?” And the answer to that is, “Maybe yes, maybe no. Can you afford to defend yourself?”
You might think that your position is very simple, open-and-closed. And you might be right. But if they decide to sue you, you’ll have to present that “very simple, open-and-closed” argument in court. Will you be able to?
First of all, I’m an engineer, not a lawyer. Here is my non-lawyer understanding of it.
As Keeve said, you can always be sued.
Beyond that, exactly what you did makes a big difference. The key here is whether or not you intentionally posted something that you knew would harm someone.
If you just goofed, and you can prove that you researched what you were doing and just somehow missed the possibility of harm because your specific setup was slightly different, then you’re off the hook as far as liability goes. Basically, as long as you tried your best, then free speech laws and the First Amendment protect you.
On the other hand, if you intentionally posted false information knowing that someone could be harmed, that sort of thing is not protected under free speech. If someone sues you, you’re screwed.
If I build a firepit at home, and somebody trips into the firepit, breaks their neck, and is burnt to a crisp – I’m covered by my home insurance. By custom and common practice, my insurance for the building covers one kind of liability, and my content insurance covers some other kind of liability, and my “home and contents” insurance covers both. (I don’t remember what the two kinds of liability are). It doesn’t cost very much, which is why it is bundled in with the home and contents insurance.
What kind of insurance would I get to cover my liability for stuff I post on YouTube?
Another angle would be if what you posted on YouTube could be construed as professional advice. If it were medical tips, for instance, you could be practicing medicine without a license, which may or may not be a crime, and is certainly at least grounds for a lawsuit.
always put a disclaimer in your video or description or both. Simple. Done.
Bird lawyer here. Doing something yourself effectively moves the liability to you. I’m not sure what the human laws say about this, I specialize as a plaintiff’s lawyer in civil cases, but I believe a simple disclaimer will do, and it is probably unnecessary. Remember that you are the last person to be able to prevent that house from burning down, and you are also the idiot responsible for building a barbecue too close to a house.
Imagine a world where politicians had to pay out damages to people who followed their advice and suffered some loss?
This of course is going to vary depending on the jurisdiction in which you get sued, but I think in most common-law jurisdictions the key issue is not going to be whether you intentionally posted harmful instructions, but whether you negligently did so. If you were careless, if you should have thought this through a bit better, if you ought to have realised that you needed to remind people to (e.g.) plug out the appliance before they go at it with a screwdriver, then you’re negligent, and you’re in the frame.
It’s not a complete answer to say that the poor schlub who electrocuted himself following your instructions was also negligent; common sense should have told him to unplug the damn thing. You’re posting these instructions publicly. You know that the public includes a proportion of fairly thoughtless or slow-witted people, and it’s obviously negligent to offer to the thoughtless and slow-witted instructions which are not adapted to the needs of the thoughtless and slow-witted.
That requires an extreme suspension of disbelief. But OP can exploit the current reality: Go political. Stand for office. Exercise free political speech. When challenged, claim satire and/or blame others. “What, some dummies licked powered light sockets when I suggested that would cure scabies? Idjets didn’t get the joke!” Yes, wrap all negligent advice in campaign regalia. “Lick the light socket AFTER voting for me!” Should work. 
Wouldn’t the complainant have to prove that the instructions were followed correctly?
“Stay the blazes home” - Stephen McNeil, Premier of Nova Scotia
That might not be at issue in the case. If the instructions, if followed, might result in injury, and the evidence shows that the complainant has suffered the injury which would be expected from following the instructions, the case is unlikely to revolve around a dispute about whether he followed the instructions.
There are cases of people getting hurt and dying from following a videos instructions and the videos remain up. Youtube or the content creators still don’t remove them.
Ann Reardon is a food scientist who has a very good Youtube cooking / baking channel **(How to Cook That) **but she also does some debunking videos of various channels like “So Yummy” and “5 Minute Crafts” and others.
Sometimes she just talks about how stupid their ideas are and shows why, others she talks about how dangerous the ideas are. (e.g.: using bleach to turn strawberries white)
In this link she talks about two Chinese girls, one who was severely burned and one died following the advice of a video. The content provider has offered to pay the medical expense etc of the kid, but Ann discusses a lot of who is actually responsible (the creator versus Youtube).
I’m not an underwriter or claims adjuster, but I do work with them. I can’t answer the question “Could [or would] I be held liable” because nuances in the exact circumstances, the injury, the jurisdiction, what insurance you have, and so forth can affect that.
But in general liability an injured has a reasonable case if:
I am not involved in litigation, but I would think #1 would be the biggest stumbling block for the plaintiff. You are just Joe Backwoods posting a hobby video, not a manufacturer, distributor, or other professional.
But, as I said, what liability insurance you have may play a part. The insurance company I work for has indeed paid out millions on claims for which our insured had no liability in any reasonable way, and/or our policy did not cover our insured for the activity undertaken, but we paid out anyway*.
My question stems from my desire to post ways to turn a trampoline into a mini water park. My mind instantly thought of some kid getting her head caught on a loose water hose or her finger getting stuck in a zip-tie while jumping. I would be devastated if a child was to get hurt after copying my design ideas.
I have been looking at trampoline and home made water slide videos for the past 48 hours and due to the shear craziness of some of them, I am guessing that they are not or could not be held liable. They would not exist otherwise.
I couldn’t find a story of someone being held accountable for a YouTube video. I watched the Ann Reardon video (thank you) and though it is true that the girls did not follow the other YouTuber’s instructions (they poured alcohol on a lit flame), the other YouTuber is encouraging people to use alcohol as a heat source which does not seem safe. According to Reardon, YouTube said, “Not our problem.”
Whether a child might get hurt after copying your design ideas and whether you might be accountable for it are two different questions. Are you seeking to avoid devastation or liability?
The purpose of my post was to learn about YouTube videos and liability, or learning about examples of which people have been held liable for YouTube videos. I can’t seem to find any examples of that.
This is GQ on the SDMB, so: you know this to be effective? Cite?
Begin each DIY video with this disclaimer. “This video is for entertainment only. Do not under any circumstances attempt to follow any instructions presented.”