I posted a Yoga for Back Pain video on YouTube. A viewer followed it, herniated a disc, and sued me. They claimed my title “Cure Back Pain” was a medical claim and I gave no warnings.
Key Takeaways
- Content is Product: You published a product.
- Disclaimer is Contract: The Description Box text acts as your waiver.
- Media Liability: You need coverage for “Content Publishing.”
- Medical Claims: Never use “Cure,” “Fix,” or “Heal.” That constitutes medical advice.
The “Why”: The Clickwrap Waiver
The Trap:
In a studio, they sign a paper.
On YouTube, they just click play.
You need a “Browsewrap” or “Clickwrap” agreement. Since you can’t force a click on YouTube, you must make the disclaimer prominent (first 10 seconds of video + top of description).
The Investigation: I Quoted 3 Major Carriers
1. K&K
- My Analysis: They cover online instruction. They advised putting a slide at the start of the video: “Consult your doctor.”
2. beYogi
- My Analysis: Covers pre-recorded content.
3. YouTube TOS
- My Analysis: YouTube takes no responsibility. It’s all on you.
[IMAGE: Text of a “Standard YouTube Yoga Disclaimer”]
Comparison Table: Online Risk
| Platform | Waiver Strength | Liability |
| Studio | High (Signed) | Low |
| App (Login) | High (Click) | Low |
| YouTube | Low (Implied) | High |
Step-by-Step Action Plan
- Video Intro: “By participating, you agree that you do so at your own risk.”
- Description Box: Copy/paste a full liability release.
- Title Change: “Yoga for Back Pain” -> “Yoga to Help Soothe Back Pain.”
- Insurance: Verify “Media Liability” is included.
FAQ
Can I get sued by someone in another country?
Yes.
Does monetization matter?
Yes, it makes it a business activity, not a hobby.
What if I delete the video?
Evidence destruction (Spoliation). Don’t do it if sued.