Why Marketers Need Professional Liability

Hey! Marketer! (Hopefully you work in the field of Marketing so that greeting makes sense) I’d bet you season tickets to the Mets, Bills, Sabres…  I’d bet you a fake million dollars you consider yourself a professional, am I right?  Sure I am.

So why don’t you carry Professional Liability, (though slightly different also known as Errors & Omissions Insurance)?

Why Would Someone File a Lawsuit Against a Marketing Professional?

People are very comfortable with the idea of Lawyers, Doctors, and Architects carrying professional liability.  However, professional liability risk does not end with these professions.  Marketing professionals and in particular Marketing Agencies and Independent Marketing Consultants carry the same amount of professional risk every time they open their mouths as Lawyers and Doctors do.

This is serious stuff.  As a Marketing Professional have you ever sat down to pitch a marketing campaign to a business owner, had them agree to do business with you, but know in your heart they didn’t really understand the program you put together?  That was a rhetorical question because I know you have.  The same scenario has happened to every professional in every industry.

Scenario #1

Let’s jump to a month later.  Everything is great, the marketing campaign you put together has brought in Big Dollars for your client and he/she couldn’t be happier.  However that happiness turns to Horror when you open your mail and realize that you (and your client) are being sued for copyright infringement.  Your marketing idea, Big Problem.

Scenario #2

This time its 2 years later.  You’ve finished your marketing campaign and are engaged with a different client.  Again happiness turns to Horror when you open your mail and realize that you are being sued but this time its by your former client.  Your former client is alleging that the marketing campaign you developed and implemented has changed public perception of their business for the worse and they are now losing money.  Money that cannot be recouped because the client now has a serious imagine problem. The lawsuit states that sense the campaign theme was your idea, its your Big Problem.

What About My General Liability?

That is a great question.  Your general liability covers bodily injury and physical damage.  It some cases your general liability will cover Personal Injury which is Libel and Slander, but for Marketing organizations this coverage is often removed because of the nature of their work.  Your general liability policy is NOT going to cover you for your Professional Opinion, Recommendations, Advice, etc.  When you create a marketing plan for a client those ideas are not covered under a general liability policy.

The Rub

Recognize the risk you take by advising a business owner on how to market his/her business to the public.  Remember the words of Andre Agassi, “Imagine is Everything!” (And in Andre’s case so is a great hairpiece!)

Disclaimer:

This article is for informational purposely only. There is no legal advice being suggested or proffered and the author assumes no responsibility or liability for the actions take or not taken by the readers based upon such information.

Thank you,

Ryan H.

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