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The Personal Injury Exposure - Social Media, You and Your Kids

J. Allen Wallis III, CIC, CPIA, AIS, CRIS, CLCS • May 21, 2019
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New Eagle Insurance is dedicated to helping protect the assets and reputations of our clients. Our personalized insurance products, services and claim management are thoughtfully designed to meet the distinctive needs of individuals and families.

In this ever-changing world there is no doubt that social media has touched the way we live, work and communicate. It has been estimated that currently 81% of households use some type of social media. While technology has made it simpler for people to have their voices heard, it has also created another challenging liability exposure.

We feel it very important to point out the exposure of Personal Injury suits in connection with the use of social media. Unfortunately, we don’t just have to worry about our own actions but also other member of our household. Today, social media used is nearly universal among teens, ages 13 to 17, and how about those that have not even reach their teenager years?

As children have a public forum to post anything they want, leaving you the parents, to deal with the legal consequences. It has been estimated that almost 52% of individuals have experienced cyberbullying at some point in their lifetime. Bottom line, the online environment for today’s teens can be hostile and drama-filled — even if these incidents may fall short of more severe forms of cyberbullying.

Think your standard homeowner's insurance policy covers Personal Injuries? Wrong, Standard homeowner’s coverage has your back for bodily injury and property damages that don’t involve an automobile or aren’t business-related. It almost never covers personal injury issues --- which can include stuff like false arrest, wrongful eviction or entry, invasion or violation of privacy and you bet, slander and defamation.

The good news, adding a Personal Injury liability endorsement, and your homeowner’s coverage extends to any emotional damages you might be sued for. Typically, such an endorsement will also pay the legal costs of defending yourself in the event of a lawsuit.

O.K. - O.K., now that I have your attention, the next logical questions very well could be .... how much does personal injury coverage costs? Twenty bucks most generally will cover the cost of adding this to your homeowner policy. Is $20 worth “sleep insurance” at night? Be advised that a personal injury endorsement does not give you license to say, write or post nasty stuff about other people. Like all insurance, a (your) personal injury endorsement will likely have a list of exclusions and limitations attached to it. Very likely it may not extend to business or non-personal activities, such as derogatory comment on your home business website. Intent matters, too. Should you have knowledge or knew what you were doing was something wrong or inaccurate, don’t look for coverage. An activity that is flat out illegal certainly would not be covered.
A word to the wise, unlike some states (currently) lowa does not cap either economic or non-economic damages in any type of injury case. In the realm of costs, a personal injury endorsement is a cheap addition to your homeowners’ or renter’s policy.


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