Rudolf Vedo CT United States Local time: 15:02 Member (2008) Croatian to English + ...
Liability insurance is also for legal costs, not just damage awards
Dec 17, 2009
Teresa Mozo wrote:
The liability of a freelance translator is normally limited to the invoice amount
Even if that were true (on which I am not qualified to comment), it still doesn't prevent someone from filing a lawsuit against you and claiming otherwise. Surely you don't disagree that spurious lawsuits get filed all the time for a variety of reasons? After all, in every court case that ends in a verdict, one party was "right" all along, yet they still got dragged into court to defend themselves. I'll wager that the legal costs involved in defending yourself against pretty much anything you might get involved in as a translator, no matter how minor or unfounded, are far greater than many years of accumulated liability insurance premiums.
[Edited at 2009-12-17 17:23 GMT]
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KSL Berlin Germany Local time: 22:02 German to English
Do what thou wilt.
Dec 17, 2009
These insurance discussions are generally rather pointless I think. There will always be claims that the insurance isn't worth the few hundred euros or dollars it costs annually, misleading statements and misunderstandings regarding true costs and coverage, etc. Just like you'll hear people say that 500 dollars is way to much to spend on a good CAT tool, $100 too much for a good OCR program or a dozen other issues.
This incessant wave of doubt has finally worn down the conspiratorial facade that Your Correspondent has maintained as he secretly represents the interests of wicked software companies, insurance providers and others who are out to bleed translators of their hard-earned cash. So now I will reveal The Truth.
You need none of the above.
No insurance.
No CAT technology.
No OCR tools.
And no computer.
There are few things I take greater pleasure in than a good quill pen; that's one of the reasons I was so pleased to have taken part in the butchery of three swans this season. I'm running low on vellum, however, so it's a good thing that hunting season isn't over yet. I'll just let the farmers think the wolves got their sheep. They're protected, you know - we're supposed to celebrate their return to Germany
Seriously, though, you'll all translate with lower blood pressure if you skip all this technology and forget about the insurance. If a lawsuit should take the food off your table and the clothes off your back, just remember to
Look at the birds of the air; they do not sow or reap or store away in barns, and yet your heavenly Father feeds them. Are you not much more valuable than they? ... And why do you worry about clothes? See how the lilies of the field grow. They do not labor or spin. Yet I tell you that not even Solomon in all his splendor was dressed like one of these. If that is how God clothes the grass of the field, which is here today and tomorrow is thrown into the fire, will He not much more clothe you, O you of little faith?
The more our colleagues follow this good advice, the more the rest of us can relax and enjoy the good times and profit as well with diminished competition
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Steve Melling France Local time: 22:02 Member (2009) French to English + ...
France
Jan 8, 2010
I've had it in France for fivr years. Not many insurance companies will consider granting it but my solicitor said it was essential.
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Martin Boyd Canada Local time: 16:02 Member (2007) Spanish to English + ...
Not a requirement
Jan 29, 2010
Tina Vonhof wrote:
I think it's available everywhere. Here in Canada it's a requirement for all certified translators.
I thought it worth clarifying that it is not actually a requirement in Canada for certified translators to have indemnity insurance. At least, not here in Ontario (it might be different in Alberta, as certification is not nationally controlled in Canada).
On the other hand, it is strongly promoted within the industry - especially by the insurance companies themselves - although, like others who have participated in this discussion, I have yet to hear of a single specific case where it has actually come in handy. Although I have seriously considered the option, I have yet to be convinced that it is a necessary expense, even in a country as litigious and highly insured as Canada.
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Sarah Puchner United States Local time: 15:02 Member (Apr 2012) French to English
Either insurance or a limited liability company
Feb 7, 2010
Teresa Mozo wrote:
The liability of a freelance translator is normally limited to the invoice amount, and that only in case of intentional act or gross negligence.
I think that if you want to be sure to limit your liability to the amount of the invoice, you need to include that wording in your contract.
In the USA, freelancers can buy errors & omissions insurance through a company that partners with the American Translators Association (ATA). I will look into it when my work load picks up.
Freelancers who are set up as an LLC (limited liability company) are protected from any huge financial loss that may result from a lawsuit because the amount of their liability is limited to the assets of the LLC itself, not the translator's personal assets. I haven't studied all the details but it seems to me that freelancers (in the USA at least) would be wise to either have the insurance, OR form an LLC.
There is an interesting article about the legal consequences of errors in translation here:
That may help the OP and anyone else who has concerns about legal protection in their work.
Interesting and telling article. Especially worrying is the consequences of those who commission a translation but try to cut corners on the cost, not having any idea what the effect of low price is on quality of the translation since they can't read the two languages involved anyway.
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jyuan_us United States Local time: 16:02 Member (2005) English to Chinese + ...
Aha,
Dec 28, 2011
Henry Hinds wrote:
Whenever this subject arises I always ask: Does anyone know of any case where a translator has ever been sued for professional liability?
Thus far, after several years, I have yet to see any such case reported, which would mean that indemnity insurance for translators is unnecessary.
But I would ask again, does anyone know of such a case?
Even if a translator is sued and lose, will the insurance company really pay for it?
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jyuan_us United States Local time: 16:02 Member (2005) English to Chinese + ...
If you work as a translator instead of a proofreader
Dec 28, 2011
Can you be sued even if the final product has a defective error, which was made by you and not found by the proofreader?
I guess not. So, if you don't work as a proofreader, you don't need such insurance.
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capamando United States Local time: 16:02 English to Spanish
Is this the case for medical interpreter?
Jan 27
Hello,
Brand new here.... I am enrolled in a 60hr course for Medical Interpreting. Is this issue one that also concerns interpreters? If yes, from whom should I buy such coverage?
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