published inductions

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Permalink Reply by Michael Johnson on January 9, 2009 at 10:04am

I could not agree more.
You're right! Completely!

So what's the issue. Is it protecting your self - that would take less than one second to announce or display on a CD or Video ( could even be used to advertise your practice and training programs). Or is it miss guided stubbornness that only satisfies a confused emotional release of frustration.

But I do agree - I just know how a little can ward of a lot!

Michael

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Permalink Reply by Taylor Sherman on January 9, 2009 at 10:51am

"McDonalds was unfortunate to say the least. Yet, having it happen to a company large enough to pay such an unfair judgment helps the small company become aware of the need to post a warning in advance of a potential. All fast food businesses began to implement a policy of two cups to reduce the temperature emitted by tea. Tea is served hotter than coffee and needed to be served in a double cup for the patron’s safety. By following this simple policy others reduce significantly their liability through implementing this policy."

With respect, this argument doesn't hold up.

Lawyers are looking all the time to "Make Law" - which is to redefine the law in such a way that they create new precedents and become famous for being able to sue on something that hasn't previously been sued for.

The McDonalds lawyers made law. There was also a woman who had co-signed on a loan that she gave her grandson to buy a car - when he went out drinking and driving and his friend became a paraplegic, SHE was found at fault, ordered to pay several million dollars in damages, won the case on appeal, still being a million in the hole from lawyers fees.

She wasn't there, she had nothing to do with it, she wasn't the one drinking, she had no idea of knowing what her grandson would do with the car, she just cosigned the loan.

Are there are any laws against co-signing loans, now? No, this is because no one can possibly know how to be completely safe against any and all laws or potential legal suits. It's flat-out impossible, especially if you are in business.

Did you know that it's illegal to be in possession of a lobster that is below a certain size? This is a federal offense, and yet if a police officer questioned you on this, you might freely admit to it, not knowing that you had just given a confession to this "crime."

My experience dictates that most people think that the law is "common sense" based, when in fact it's based much more in interpretation, federal and state statutes (of which is nearly impossible to keep up with), and common law.

There's plenty of examples of people who have done the wrong thing but been on the right side of the law and won the case. Or people who have been perfectly normal doing the right things in their lives, but have ended up the victims of massive legal suits, which, as I mentioned, rely primarily on interpretation and emotion.

In the case of the woman who was held at fault for her grandson, the plaintiff's attorney played on the emotions of (inexperienced) jurors who were shown for days, pictures of the wreckage, pictures of what had happened to the boy's friend, they were manipulated plain and simple to believe that "someone has to be at fault," and the jury went along with it.

Yes, in the McDonalds cases, the other restaurants were reducing their liability, -after- someone had successfully sued for it. But before that, their lawyers couldn't protect them against it, because there's no statutory basis for the claim... they "made law."

The idea here is that you never know what you will be sued for. This is why, if possible, you protect yourself through a Limited Liability Company (not a Corporation, they are much more vulnerable) and you generally cover your ass by having people sign or agree to a lot of contracts, even if they are quick form letters on purchase agreements. Because whether they sign a contract or not, there are already "default" ones in place that the courts will rule by in the absense of a formal agreement.

My advice is, if someone sues you, get even. Never give up. Hire lawyers who are VERY aggressive -- the ones that you can't afford.

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Permalink Reply by Michael Johnson on January 9, 2009 at 12:06pm

Though I agree with you except for the get even part its not all doom and gloom.

My point is not to provide a legal interpretation of law as practiced in any jurisdiction. But rather consider that those who don't even do the least have NO defense what so ever. Perhaps one of the most asinine comments I have ever heard is that of "Ignorance of the Law is not an excuse". In the province of Ontario, Canada there were reported to have been over 65,000 laws on the books over 10 years ago. Then add to the that number Federal laws ... well I think you get the point. Knowing them all or as required, knowing those that relate to yourself is virtually impossible.

I had hoped to offer a parallel consideration for using video in an educational format - covering your self with a disclaimer. Irrespective of what you may think they do have an effect in all jurisdictions practicing civil or common Law.

As for the cosigning, that would be applied under common law and I'm glad she was not found to be associated to the occurrence.

Hey, did you know it is against the law in Alberta Canada to drive a motorized carriage (car for the rest of us) at night without a man walking in front swinging a lantern to let others know you are in motion - yes it is still on the books.

You have a wonderful point about the administration of law and the effect lawyers have on each case. Another good reason to cover yourself.

As for Contract Law, always have one in writing. A contract can be in writing, verbal or intention displayed through action taken or implied. A Justice has a duty to resolve ambiguities (errors in law) through an attempt to infer the original intent of the meeting of minds (the contract).
Always have one even if it just scribbled, and make sure you and the other sign it.

So - should you use YouTube - absolutely. Should you throw caution to the wind?
Well only you can answer that one...

Michael

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Permalink Reply by Richard Nongard - NLPBoard.com on January 9, 2009 at 12:51pm

A lot of people write me about my videos saying they never understood hypnosis as they do now and feel clarity, no longer affraid the deveil will steal their soul...

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Permalink Reply by Bruce Taylor C.Ht on January 9, 2009 at 4:54pm

Switch off the gas? In a relaxed state I can't help it. It just comes out.

Seriously, I think it is impossible to make the world idiot proof. As far as liability, where there is a will there is a way. We are a sue happy country. The ambulance chasers sue because they can settle out of court because it is cheaper than going through a complete trial. I do think we should show some effort to protect ourselves but think hypnosis and trance are natural states. The car manufacturers do not warn us that we are hypnotised while driving.

My 2 cents
Bruce Taylor

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Permalink Reply by Taylor Sherman on January 9, 2009 at 5:50pm

"Though I agree with you except for the get even part"

I read in an online article that Donald Trump was "looking forward" to suing a locality for some time now, and everyone criticized him for it, saying that it was not right to look forward to sue anybody. But that's the reality of playing with the big dogs, and I like his attitude.

As hypnotists we like to believe that people are generally good and they won't mess with you for no reason. And if you live in a small town and love all your neighbors, maybe that's true. Then you move to a rough neighborhood, or you start competing in someone else's market, and a lot of those guys are out for blood. Not only is it fun to get even, it's sometimes a necessity.

"As for the cosigning, that would be applied under common law and I'm glad she was not found to be associated to the occurrence."

Yeah, but only after spending her life's savings - around a million dollars, on lawyers fees, just to defend herself. It was a no-win for her. And she only won on appeal, which is pretty scary if you think about it.

K law is a fun field though...

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Permalink Reply by Jon Rhodes on January 9, 2009 at 11:34pm

I found the BBC guidelines very interesting, and from how I understand it, they want to be sure that thousands of susceptible people are not in trances as a result of watching one of their programmes. Fair enough.

However YouTube is a very different thing. In 1946 the BBC was the only channel in the UK. There were no choices. YouTube is a very different animal. It contains literally millions of videos to choose from - there is no force feeding any content here. People look for what they want to watch. Someone looking for hypnosis will find it. If they don;t want to watch it, then they can choose something else from the millions of other videos. There is no force feeding of content here. People can't really complain about being hypnotised when they chose to view a hypnosis video.

I agree that warnings and disclaimers may help a little if someone decides to try it on in the future, but there is also another point. Doesn't loading a video with warnings and disclaimers imply that the process of hypnosis is dangerous?

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Permalink Reply by James Klingensmith on January 10, 2009 at 3:48pm

1st I wanted to take this time and say Richard Nongard, I belive the work your wife, you and John are doing is very important to the world and our craft thank you.
2nd About Inductions on video: I belive in the 1st amendment call me a Patriot but the bill of rights is more important than any one life and something bad happing is inebatable in what ever you do, even sneezing can casue real harm. (My mother-in-law was hospitalized for sneezing 3 weeks ago)
Benjamin Franklin helped create the fear of hypnosis and freedom of speech. Due to the Franklin Fear We are responable to give the truth about the S.C. to the public in every way possible.

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