How Can Personal Injury Laws Apply To Influencers And Models?
Product liability, FTC compliance, and intellectual property explained.
Even though people place influencers and models on a pedestal, they are people first and foremost. Therefore, the same laws that apply to us also apply to them. However, as public figures, they do hold more responsibility and must pay closer attention to their actions.
If they have been wronged, celebrities (regardless of caliber) can use personal injury laws to seek justice, and if they veer off the right path, they can be held accountable using the same laws.
Let’s analyze a few situations where public figures with a sizable social media following have had a brush with the law.
Product Liability
Influencers who promote defective or harmful products may face legal action if consumers suffer harm. They can be held liable under negligence if they were aware of the product's issues or did not properly vet it before promotion.
For instance, some of the most prominent influencers who promoted the now-infamous Fyre Festival faced legal backlash after the event turned out to be a scam. Many were accused of misleading their followers and contributing to fraudulent promotion.
Another case of legal action against a prominent influencer who endorsed a defective product comes from the Waist Trainer fiasco. In this case, Kylie Jenner faced legal action for endorsing a waist trainer that claimed to help users achieve an hourglass figure. The product was deemed defective and dangerous, leading to user injuries, and Jenner was held accountable.
Loss of Income and Relevance
The bread and butter of modern stars is their public image. Many now-famous models and TV stars used their popularity on social media as a launching pad and continue to need their followers’ support to maintain their status.
If they are injured in an accident or slip and fall and can no longer engage with followers as they used to, this may significantly impact their careers and income. In this case, the injured person can seek extra compensation tailored to the loss in revenue and followers.
Emotional Trauma and Physical Injuries
The pressure to maintain a certain image and engage with followers can exacerbate the mental health impacts of an injury. Also, public figures in the entertainment industry are more likely to be exposed to abusive scenarios.
Sadly, some scenarios include young victims, like the recent cases of sexual abuse in the Boy Scouts of America. It is one of the many dark sides of the entertainment industry that must be held accountable through the rule of law.
Victims of abuse can file civil lawsuits against their abusers to seek compensation for the harm suffered. This includes damages for physical injuries, emotional trauma, and the cost of medical and psychological treatment.
FTC Compliance
Federal Trade Commission (FTC) regulations state that influencers must clearly disclose any material connections with brands they promote. They must also be transparent about their endorsements and avoid making false or misleading claims about products or services.
In addition to FTC guidelines, social media personalities must comply with local and regional laws, especially if their audience includes international followers.
Failure to do so can result in legal consequences, including fines and damage to their reputation. Non-compliant social media public figures also risk the termination of business contracts with brands, which is a direct loss of income.
Additionally, the FTC can take legal action against influencers not complying with disclosure guidelines. This can include penalties and other legal repercussions.
Intellectual Property and Publicity Rights
Most well-known influencers and models use trademark and copyright laws to protect their image and products. If someone uses an influencer's trademarked or copyrighted material without permission, they can (and usually will) get sued for infringement.
Social media personalities can still be liable for misappropriation under the right of publicity laws if they do the same thing. This means they must be careful not to use someone else's name, image, or likeness without permission.
In Summary
Influencers and models must follow the rules that apply to them to ensure their actions don’t harm their followers. They may be special in our hearts, but this doesn’t mean regular laws don’t apply to them.
Of course, they can use the same laws to protect their work and income if something threatens their well-being or reputation. It’s a balance of rights and responsibilities.
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