I posted a “30-Day Ab Challenge” Reel. A follower tried the advanced “Dragon Flag” move I demonstrated, failed, and herniated a disc. He found my business info and sued me for “Instructional Negligence,” claiming I didn’t provide scaling options or safety warnings in the caption.
Key Takeaways
- “Media Liability”: Posting content is publishing. You are now a media company. Standard trainer insurance covers face-to-face clients, not the internet at large.
- Disclaimer is Critical: Every post needs a “Perform at your own risk” disclaimer.
- The “Client” Definition: The follower didn’t pay you. Are they a client? In court, if you monetized the account (ads/sponsors), they might be considered a “consumer” of your product.
- Worldwide Jurisdiction: The follower lives in Australia. Can they sue you? Yes.
The “Why”: The Professional Services Definition
The Trap:
Your policy covers “Personal Training Services.”
Does it define “Services” to include “Social Media Content Creation”?
If not, the carrier says: “You weren’t training a client; you were broadcasting. That’s not covered.”
You need a policy that explicitly covers “Content Creation” or “Online Instruction.”
The Investigation: I Quoted 3 Major Carriers
1. K&K Insurance
- My Analysis: They ask: “Do you sell online programs?” If yes, they cover it. If you just post free content, it’s a grey area. I’d recommend buying the “Online Instructor” tier to be safe.
2. Hiscox
- My Analysis: Their “Media Liability” coverage is strong. It protects against claims that your content caused harm.
3. NEXT Insurance
- My Analysis: Their standard policy is for “Direct” training. I wouldn’t rely on it for a viral Reel lawsuit without written confirmation from an underwriter.
[IMAGE: Screenshot of an Instagram caption with a proper Liability Disclaimer]
Comparison Table: Influencer Liability
| Carrier | Covers Social Media? | Media Liability? | Cost |
| Hiscox | Yes | Yes | |
| K&K | Yes (If declared) | Limited | |
| NEXT | Unclear | No | $ |
Step-by-Step Action Plan
- Link in Bio Disclaimer: Put a comprehensive Terms of Service & Waiver in your bio link.
- Caption Warnings: “Advanced Move. Consult a Physician. Modification: [Insert easy version].”
- Media Liability Insurance: Ensure your policy covers “Publishing.”
- LLC: Separate your personal assets. If a follower sues, protect your house.
FAQ
Can I really be sued by a stranger?
Yes. Anyone can sue. Insurance pays to get it dismissed.
Does “Not Medical Advice” work?
It helps, but it doesn’t stop negligence claims regarding form.
What if I didn’t demonstrate it, just reposted?
You might still be liable for “endorsing” a dangerous move.