On Fri, 9 Feb 1996 10:25:01 -0800, "Stan Griffiths" <w7ni@teleport.com> wrote:
> What do you think of this thought experiment: Suppose I write a tower
> design software program. I publish it because a lawyer has advised me that
> a "waiver of liability" clause embedded in it will protect me. Some dunce
> makes a mistake using my program and his tower falls down and kills
> somebody. I get sued and I lose. Is the lawyer that essentially advised me
> that I wouldn't be liable for damage due to misuse of my program liable for
> his bum advice and can I recover my damages from him?
Dear Stan:
You are a very interesting correspondent, because you
are smart, articulate, and disagree with me. "Yes men" are
far less interesting companions.
So here's my answer:
I would feel perfectly comfortable with my level of
risk in advising you to publish the program, if I can embed
a "waiver of liability" clause in my legal opinion. That's
consistent, legally correct, and financially smart. In
fact, lawyers write self-help books, computer programs, and
appear on TV and radio all the time, offering advice which
they expect will be followed, all without fear of suit.
All said and done, however, I have yet to hear why my
parallel to the Lotus 1-2-3 program, as a tool for financial
analysts or lay people, is inaposite.
I stand by the position I took last time around. Those
who are nervous, nay fearful, about being defendants in a
lawsuit arising from the publication of a software program
should not be entrepreneurs. The blood pressure isn't worth
it and the software's author won't sleep at night. More
fearless types will feel comfortable with the level of
liability risk involved in writing a software program for
designing a tower/antenna system, and, in my opinion, they
should feel comfortable, as the level of risk is highly
attenuated.
--
Fred Hopengarten K1VR
Six Willarch Road * Lincoln, MA 01773-5105
home + office telephone: 617/259-0088 (FAX on demand)
internet: k1vr@k1vr.jjm.com
"Big antennas, high in the sky, are better
than small ones, low."
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