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.
http://www.youtube.com/watch?v=ILD97YEAn6E
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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