Author Topic: General/product Liability I need help from experienced PCB designers/sellers USA  (Read 2712 times)

playpunk

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(because I can't stop myself)

You could have a posted "User Agreement" on your site someplace, and, in your checkout process, have a box for customers to check indicating they've read and agreed to the "User Agreement."

In your user agreement, you can put all sorts of helpful language, you can require that any suit be commenced in your home state and county, you can have the customer explicitly assume the risk, including risk of a manufacturing or design error, you can attempt to limit your liability, you can do all sorts of other stuff too.

A rather exhaustive user agreement I found: http://www.altium.com/resources/PDFs/160314-altium-license-agreement-en-mar-2016_0.pdf

Another option, if you're really worried.
"my legend grows" - playpunk

gtr2

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Thanks for your input play punk.  Good points.
1776 EFFECTS STORE     
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EBRAddict

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I'm going to bring up something else: even if he wasn't liable the legal defense could run into some serious money. This is why companies and insurance carriers often quickly settle frivolous lawsuits in the bodily injury area.

The costs of expert testimony and legal fees would be out of reach for ordinary people.

playpunk

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Same goes for plaintiffs. A plaintiff has to hire experts, etc. plaintiffs litigation is usually funded by the attorney, and attorneys are generally not willing to waste money on claims without a defendant that can pay, or insurance that can pay.


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"my legend grows" - playpunk

markeprice

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Thanks for the "User Agreement" info.  I am working on that right now!

I have decided to move forward without a net right now and begin selling boards around July 1st or as soon as my fabrication order arrives.  Thanks for all your input!
« Last Edit: June 17, 2016, 08:06:34 AM by markeprice »
Cuz they's made for Giggin!
Mark Price: owner frogpedals.com

culturejam

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Forming an LLC might add another layer of annoyance to anyone who might want to sue. Just sayin'  ;D

slacker775

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If there was a design error, there would probably be some elevated liability. It would still be difficult to prove (most likely) and there is a HUGE "assumption of the risk" argument to make as a defense here too - basically that the hobbyist assumes the risk of the recreational activity and its inherent dangers.

This argument is how ski resorts stay in business.
In the unfortunate circumstance of a design error that could cause issue, if you publicly announce that in all the usual spots like on these forums, emails to purchasers, that also  could help reduce any real exposure.   IANAL but I've had to deal with legal issues in a number of cases so I have a small clue.   I can't help but feel that playpunk is on the nose that your overestimating.   With the things you hear on the news, it's easy to be frightened but those kinds of settlements are against McDonald's, Walmart, etc, not Joe Home PCB maker.