If I’m starting an e-commerce website can I draft my own disclaimer/limitations of liability or does this require an LLC?

Also, if I sign up for an LLC, will I be provided with a legal document that I can put on my website to protect myself?

Asked on November 14, 2018 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A disclaimer or liability waiver is NOT foolproof or bullet proof--it reduces the odds of being sued, but does not provide absolute protection, since it really only protects against "negligent," or accidental/careless, harm you do, and not "grossly negligent" (more than ordinarily careless; so bad we can't believe anyone would act that way) or intentional acts. And, of course, it only protects against those who sign it. 
Set up an LLC; the LLC will protect you from most (but not all--no protection is perfect) business related liability. Then have clients/customer execute waivers for additional protection.


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