Can I be sued for a negative product review?

Yes, but truthful opinions are protected. You can say 'I found this product overpriced and the quality disappointing' (opinion). You cannot say 'This company uses toxic ingredients' without evidence (potentially defamatory false statement of fact). Stick to provable facts and clearly labeled opinions.

Does an LLC fully protect me from lawsuits?

An LLC protects your personal assets from business liabilities, but it does not prevent lawsuits. You can still be sued personally for actions you directly committed (like defamation you personally authored). The LLC protects against vicarious liability and general business claims.

Do I need liability waivers for people in my videos?

For planned appearances, yes. A simple release form covering likeness rights, assumption of risk (for physical activities), and content usage rights protects you. For incidental public footage, laws vary by state — some states require consent for commercial use of a person's likeness.

What should I do if I receive a cease-and-desist letter?

Do not ignore it, and do not respond emotionally. Consult an attorney before responding. A cease-and-desist is not a lawsuit — it is a demand letter. Many are baseless or overreaching, but some require action. An attorney consultation ($200-$500) is essential to evaluate the claim and draft an appropriate response.

Guide

LiabilityLegalContent CreatorRisk ManagementUSA

Liability Risks for Content Creators and How to Protect Yourself

Content creation carries real legal liability. A product recommendation that harms someone, a comment that defames a business, or a filming accident that injures a bystander can all result in lawsuits. Understanding your liability exposure and taking basic protective steps is essential once you are earning real money from content.

Last updated: February 26, 2026

Step-by-Step Guide

Identify your specific risks

Review your content niche, past videos, and common topics. Identify which liability categories (defamation, product liability, professional negligence, privacy) apply to your content.

Form an LLC

File an LLC in your home state to create a legal barrier between your personal assets and business liabilities. Cost: $50-$500 depending on state.

Get appropriate insurance

At minimum, get general liability insurance ($300-$600/year). Add E&O or media liability insurance if you are in a high-risk niche.

Implement content safeguards

Add appropriate disclaimers, distinguish opinions from facts, verify factual claims, and get consent before filming individuals.

Review contracts for liability exposure

Ensure brand deal contracts include indemnification clauses. Add liability waivers for filming participants. Review location agreements for liability terms.

Common liability risks for content creators

1. Defamation (libel and slander)
Publishing false statements of fact that damage someone's reputation. This is the most common legal threat creators face. Negative product reviews, drama commentary, and competitor criticism all carry defamation risk if you state false facts.

2. Product liability
If you recommend a product that injures someone, you could be named in a product liability lawsuit alongside the manufacturer. This is especially relevant for creators who review health supplements, fitness equipment, electronics, and children's products.

3. Personal injury
If someone is injured during a video shoot (at your location, using your equipment, or following instructions in your content), you could be liable. Stunt videos, challenge videos, fitness instructions, and DIY tutorials carry elevated risk.

4. Professional negligence
If you give advice in specialized areas (finance, health, legal, tax) and someone suffers a loss following your advice, they could claim professional negligence — even if you are not a licensed professional.

5. Intellectual property infringement
Using copyrighted material, trademarked names, or patented inventions without permission can result in lawsuits seeking damages and injunctions.

6. Privacy violations
Filming people without consent, revealing private information, or using someone's likeness commercially without permission violates privacy laws that vary by state.

How to protect yourself

Layer 1: Business entity (LLC)
An LLC separates your personal assets from business liabilities. If someone sues your content business, they can only reach business assets — not your home, car, or personal savings. This protection requires maintaining the corporate veil (separate bank accounts, proper record-keeping, no commingling of funds).

Layer 2: Insurance
- General liability insurance ($300-$600/year): Covers bodily injury and property damage claims
- Professional liability / E&O insurance ($500-$1,500/year): Covers claims that your advice or content caused financial harm
- Media liability insurance ($500-$2,000/year): Specifically covers defamation, copyright infringement, and invasion of privacy claims

Layer 3: Contracts
- Include indemnification clauses in brand deal contracts (the brand indemnifies you for claims arising from their product)
- Include liability waivers when filming with participants
- Include hold-harmless agreements when filming at locations

Layer 4: Content practices
- Distinguish opinions from facts ('I think this product is overpriced' vs 'This product is a scam')
- Include disclaimers where appropriate ('This is not financial advice. Consult a professional.')
- Verify factual claims before publishing
- Get written consent before filming recognizable individuals
- Keep evidence (emails, recordings, documents) supporting factual claims you make

Liability by content niche

High liability niches:
- Finance and investing: Recommending stocks, crypto, or financial products that lose money
- Health and supplements: Recommending products or practices that cause health issues
- Legal advice: Providing legal information that someone relies on to their detriment
- DIY and home improvement: Instructions that lead to injury or property damage
- Children's content: COPPA violations, inappropriate content exposure

Medium liability niches:
- Product reviews: Defamation claims from brands, product liability from recommendations
- Drama and commentary: Defamation claims from subjects of your content
- Fitness: Injury claims from exercise instructions
- Food and cooking: Allergic reactions, foodborne illness from recipes

Lower liability niches:
- Entertainment and comedy: Lower risk unless you target specific individuals
- Music and art: Primarily copyright concerns, not liability
- Education (non-professional): General educational content has lower liability than professional advice
- Travel and lifestyle: Lower liability unless recommending specific activities or businesses

Regardless of niche, every creator should have at minimum an LLC and general liability insurance once they are earning consistent income.

Disclaimer: This is general information, not legal advice. Consult an attorney to assess the specific liability risks in your content niche.

Pro Tips

The phrase 'in my opinion' does NOT automatically protect you from defamation claims — if the underlying statement is a provably false fact, framing it as an opinion is not a defense
Disclaimers reduce risk but do not eliminate liability — a disclaimer saying 'this is not medical advice' will not fully protect you if someone follows your health recommendations and is harmed
Keep all communications with brands, subjects of your content, and filming participants — these are critical evidence if a claim arises
Never destroy evidence (emails, DMs, documents) once you become aware of a potential legal claim — this is called 'spoliation' and can result in severe court sanctions
Budget 2-5% of your gross revenue for legal protection (LLC maintenance, insurance, occasional attorney consultations)