Liability for the dissemination of defective information

Three cases illustrating dangers that can lurk between the covers of books are described. In one case, the information is inherently dangerous. In another case, the information is inherently dangerous but could be made less dangerous by including precautionary information. In the third case, the information is dangerous because it is incorrect. The use of contract law and negligence law to recover damages for injury caused by dangerous information is discussed. The use of contract law and recovery for economic injury resulting from negligent misrepresentation is limited by privity requirements, and the courts have incorrectly used privity requirements to limit recovery for physical injury resulting from negligent misrepresentation. Often, readers who are injured as a result of the distribution of defective information by authors and publishers have no recourse. Products liability law can be used to circumvent these difficulties. Readers who are injured as a result of the distribution of defective information by authors and publishers may recover damages for physical injury caused by the defective information regardless of privity or whether the author or publisher was negligent. Generally, First Amendment defenses should not be available to authors and publishers who create or distribute defective information, because false information does not merit constitutional protection.