| Pages in topic: < [1 2 3] > | Who is to blame for a false translation with legal consequences - the translator or the proofreader? Thread poster: Anna A. K.
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Tony Keily
Local time: 23:10
Italian to English
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| 100% the agency's fault | Feb 1, 2023 |
If an agency assigns a 'proofreader' to do a completely different job (revision), they're responsible for any consequences.
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Dear Colleagues,
In my opinion every one who is involved at all stages, right from the picking up of the translator to the final file delivery to the client should be made responsible. What ever may be the reason for this mistake.
| | | | | Blame and responsibility | Feb 1, 2023 |
Who's to blame? Everyone will blame everyone else. That's how life works.
Who's (legally) responsible? No-one - especially if its a sworn translation. Courts of law assume that sworn translators have divine infallibility, and they won't be swayed by any linguistic evidence to the contrary.
Does it matter? Only to the person who has been prejudiced by the error.
Source: enormous prejudice I have suffered in recent years as a result of a sworn translator w... See more Who's to blame? Everyone will blame everyone else. That's how life works.
Who's (legally) responsible? No-one - especially if its a sworn translation. Courts of law assume that sworn translators have divine infallibility, and they won't be swayed by any linguistic evidence to the contrary.
Does it matter? Only to the person who has been prejudiced by the error.
Source: enormous prejudice I have suffered in recent years as a result of a sworn translator who couldn't differentiate between 'purchase' and 'acquisition'. And another who couldn't properly match up the terms used to label marriage regimes in Spanish and French, and ended up inventing an utterly ambiguous term that'll be found in no legal dictionary or legislation.
JL ▲ Collapse
| | | | Tom in London
United Kingdom
Local time: 22:10
Member (2008)
Italian to English
| Three little words..... | Feb 1, 2023 |
NEVER ADMIT LIABILITY
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| Funny that you say that | Feb 1, 2023 |
Jean Lachaud wrote:
... because no one has ever been able to quote a court decision finding that a bad translation had caused damages to any person or entity.
And yet just last month in the news there was the case of a translation done (supposedly) into one of Alaska’s native languages that proved to be utter gibberish. As far as I understand, the translation company which had won the contract for that job has now seen their contract terminated.
It is true that it is difficult to find court decisions finding that bad translations have caused damages to some person or entity, but the reason is not because there haven’t been any such cases, but because they were settled, in one way or another, out of court. For example, the case I mentioned above most likely won’t appear in court, but most definitely there was damage to a party, (unusable translation) and legal consequences for another one (loss of the contract).
| | | | Lingua 5B 
Bosnia and Herzegovina
Local time: 23:10
Member (2009)
English to Croatian
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| Only if part of something else | Feb 1, 2023 |
They can be a part of something else, some other consequence. If someone files a lawsuit, the prosecutor will get to the translation part, don’t worry. But this is more common in business scenarios if losses are huge.
I had a direct client whose website was literally created as a cashcow to make money. He told me a translator instructed users/visitors to do something else and in a different way (poorly translated) so that he lost profits from that country directly due to this poor... See more They can be a part of something else, some other consequence. If someone files a lawsuit, the prosecutor will get to the translation part, don’t worry. But this is more common in business scenarios if losses are huge.
I had a direct client whose website was literally created as a cashcow to make money. He told me a translator instructed users/visitors to do something else and in a different way (poorly translated) so that he lost profits from that country directly due to this poorly translated prompt. Yeah, a lawsuit didn’t happen, you’re right. Anything goes with translators. No wonder the industry is the way it is. ▲ Collapse
| | | | Eliza Hall
United States
Local time: 17:10
French to English
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| Ultimately it's on us as translators | Feb 2, 2023 |
Daryo wrote:
If it's a direct client you are responsible. No one else to blame if you couldn't be bothered to track down real experts in the field and check with them, or to add a proofreading done by a second pair of eyes.
If there is a middleman between you and the end client, the responsibility for delivering a suitable translation to the end client is no longer yours. In any case, not directly.
It becomes the agency's responsibility to find a competent translator...
I agree that the agency is the one that's legally responsible to the end customer, and if they choose a translator who's not up to the task, that's on them.
But we are responsible to the agency. If we take on a project that's out of our depth, or if we're careless in our work, that is our fault and our responsibility. It would be ridiculous and unprofessional for us to blame the agency for having chosen us!
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Eliza Hall wrote:
Ultimately it's on us as translators
What then is the point of the proofreader? Why do they have no responsibility for their role in the process - which is very specifically to spot errors made by the translator?
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Lingua 5B
Bosnia and Herzegovina
Local time: 23:10
Member (2009)
English to Croatian
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| Bye bye sense | Feb 2, 2023 |
Ice Scream wrote: Eliza Hall wrote:
Ultimately it's on us as translators What then is the point of the proofreader? Why do they have no responsibility for their role in the process - which is very specifically to spot errors made by the translator?
0.01 pw = no accountability, just peanuts.
| | | | | Translator responsibility | Feb 3, 2023 |
Lingua 5B comment :"a document would be returned to me with random comments regarding synonyms or preferences (totally unnecessary), while obvious omissions and mistakes were ignored"
This is a recurring issue I have with the proofreaders in India who suggest/alter with different wording, which are totally unnecessary. So for 2-3 years, I have stopped taking translation work, and depended on interpretation for the income. But when the latter load fluctuates I have started taking up... See more Lingua 5B comment :"a document would be returned to me with random comments regarding synonyms or preferences (totally unnecessary), while obvious omissions and mistakes were ignored"
This is a recurring issue I have with the proofreaders in India who suggest/alter with different wording, which are totally unnecessary. So for 2-3 years, I have stopped taking translation work, and depended on interpretation for the income. But when the latter load fluctuates I have started taking up translation work.
Agency only does "freight forwarding". The translator is responsible for any errors and omissions. As much as the compliance with the source formatting is important, the final review for errors/omissions should be done by a partner (2nd pair of eyes) if you have one or by yourself. ▲ Collapse
| | | | IrinaN
United States
Local time: 16:10
English to Russian
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| Why all this overthinking? | Feb 3, 2023 |
With the direct clients, it's the translator because your relationship with your own editors and proofreaders, if any, is not the client's problem.
With the agencies, it's the agency who is a 100% liable to the end client but can, should and must grill/fine/fire a translator for a lousy job.
It happened to me once:-), I was grilled to perfection after I cut and paste a large wrong excerpt from a huge document and translated it just as perfectly:-). I have not been calle... See more With the direct clients, it's the translator because your relationship with your own editors and proofreaders, if any, is not the client's problem.
With the agencies, it's the agency who is a 100% liable to the end client but can, should and must grill/fine/fire a translator for a lousy job.
It happened to me once:-), I was grilled to perfection after I cut and paste a large wrong excerpt from a huge document and translated it just as perfectly:-). I have not been called on the floor to sit and change shades of red before the end client, my PM and 1 higher-level manager dealt with me. I wasn't even threatened with a total loss of pay but initiated it on my own. It paid back with 20 years of income above average-). ▲ Collapse
| | | | Joakim Braun
Sweden
Local time: 23:10
German to Swedish
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Lingua 5B wrote:
0.01 pw = no accountability, just peanuts.
Businesses that pay people peanuts would be particularly inclined to allocate all the blame and accountability to their serfs.
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IrinaN wrote:
Why all this overthinking?
You're right. Nobody ever gets sued anyway, because to err is human.
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that said, the agency will sue the translator and proofreader to recoup any expenses incurred.
| | | | Adieu
Ukrainian to English
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Due to PM error, I once saw a certain agency's document on their letterhead (probably for end clients?) with my name on it, stating that I had "certified" a translation.
Did I revise it? Yes.
Did I certify it? NO.
Had anyone from their company ever asked me to certify any translation? NO.
Based on the amount of stuff I had done for them, I imagine there were ~1000 documents floating around somewhere "certified" by me, without my knowledge.
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