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-   -   Free advice from lawyers? (https://www.rcuniverse.com/forum/clubhouse-190/7706901-free-advice-lawyers.html)

Juice 07-08-2008 09:31 AM

Free advice from lawyers?
 
Hello,

I'm trying to write a "Liability Waiver" for a an RC product I made and am selling (not for business nor forprofit, so I can't afford a lawyer).

Typically a liability waier will have this kind of statement:

"COMPANY_NAME does not accept any responsibility for property damage, personal injury or death relating to the use of this product."

But since I don't have a company should I put my real name in there?

"John Smith does not accept any responsibility for property damage, personal injury or death relating to the use of this product."

It doesn't sound right. Any suggestions?

Thanks,
Juice


Deadeye 07-08-2008 10:56 AM

RE: Free advice from lawyers?
 
"The manufacturer of this product does not accept any responsibility for property damage, personal injury or death relating to the use of this product."

TLH101 07-08-2008 02:16 PM

RE: Free advice from lawyers?
 
Add to that, something along the lines of, "It shall be the end user's responsibility, to determine suitability, of this product for the user's specific application"

DISCLAIMER: "It shall be the end user's responsibility, to determine suitability, of this advice for the user's specific application" ;)

Juice 07-08-2008 06:48 PM

RE: Free advice from lawyers?
 
Thanks Deadeye. That's perfect.

Terry... I was expecting a comment like that. :D

Thanks for your help.

Juice

chashint 07-08-2008 08:36 PM

RE: Free advice from lawyers?
 
What makes you think that liability disclaimers work ?
Just because you declare no liability does not mean none exists.

tIANci 07-08-2008 09:35 PM

RE: Free advice from lawyers?
 
I am not sure about US laws but for British style law you cannot contract out of such legal liabilities esp when you are a 'manufacturer', does not matter for profit or not. The DISCLAIMER that you wish to use is so broad, it means even if you were negligent there is no liability on your part. You can still be liable for tort (not contract as you said you are not selling for profit, again when you sell at cost it can be contractual too!).

US laws are pretty strict, more than British ... read that is used by US companies, its usually not liable if used in an unauthorised manner etc. Its not a 'You buy, I no liability'. Best to seek a friend who is a lawyer and ask for some free advice, this is chicken feed and free advice of this sort is openly dispensed. I used to all the time when I was an attorney.

Deadeye 07-08-2008 11:06 PM

RE: Free advice from lawyers?
 


ORIGINAL: chashint

What makes you think that liability disclaimers work ?
Just because you declare no liability does not mean none exists.
They are required for a product that can cause bodily harm. Are you suggesting that he uses nothing? Of course there are people and lawyers that will go after the ridiculous, but if he didn't have the liability disclaimer foundation, he would be sunk.

jratuszn 07-08-2008 11:59 PM

RE: Free advice from lawyers?
 
If you're selling this product, for profit or not, you might want to look into forming an LLC (Limited liability corp.) It's relatively simple and inexpensive to do, It doesn't matter if it's only a one person corporation (you), if my understanding is correct, your liability is limited to the holdings and property of the corporation (i.e. someone can't sue you for your house and your car if your product causes some injury, etc.). Oops - I just re-read, not sure if there is a similar entity in Canada. May be worth looking into though, esp. if you're selling to people other than close personal acquaintances. Maybe even then.

-J

tIANci 07-09-2008 12:10 AM

RE: Free advice from lawyers?
 
Forming a company is a good way to ensure that your liability is limited to the amount of share holding.

Deadeye ... having it does not mean he is protected ... best to seek proper legal advice.

ClemenTang 07-09-2008 12:15 AM

RE: Free advice from lawyers?
 
what usually appears on the box or in the manual is: this product is not a toy... may cause serious injury, death or damage to property... for experienced and advanced modelers only... seek professional advice etc.
I think reminding the buyer is as much beneficial as is important in terms of liability.

tIANci 07-09-2008 12:19 AM

RE: Free advice from lawyers?
 
Clement ... that seeks to ensure some do not say ... I never knew it could injure anyone ... remember the cases of people drying cats in microwaves and using lawn mowers to trim their hedges? Same ...

Anyways ... how you been? Long time no see!

ClemenTang 07-09-2008 12:32 AM

RE: Free advice from lawyers?
 
2 kids and spending more money on them than planes... [&o]

tIANci 07-09-2008 12:39 AM

RE: Free advice from lawyers?
 
Clement ... spend more on them, best to invest now than regretting when they put you into some old folks home!!!

ClemenTang 07-09-2008 12:56 AM

RE: Free advice from lawyers?
 
no problem provided they leave me with my planes:D


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