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Tony Miklos[_2_] Tony Miklos[_2_] is offline
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Default Selling prototypes, beta-versions: Liabilities?

On 9/17/2011 2:39 PM, Existential Angst wrote:
Awl --

Suppose you build something, in yer home shop.
Suppose a neightbor comes by and says, Hey, BillyBob, dats a really neat
whatsit, can I buy it offa you?
SHORE!!! But, I cain't vouch for my welding, matchining, or anything
else.....

Is BillyBob on the hook his neighbor then breaks his ass or pokes his eye
out with BillyBob's whatsit??

Now,
Suppose BillyBob puts the same prototype whatsit (cuz he made a few samples)
on craigslist, or ebay (not knowing that BillyBob just lost an eye on a
similar prototype), with the same disclaimer.
Suppose the craigslist/ebay person then pokes his eye out.

Is BillyBob liable?
Suppose two scenarios: 1. the whatsit actually broke, or 2. the
neighbor/buyer used it in a risky way -- like, say, the prototype was some
RAS, but without the blade guard, with a subsequent missing finger....

How bout if he explicitly stated, This thing could poke yer eye out, take
yer finger off.... ?

Does any of the above change with a mom/pop corporation selling prototypes,
one-offs, etc?

Any experiences/conjectures welcome.


U-Haul builds their own trailers. They used to sell the old ones but
for liability reasons they now dismantle and cut them up into pieces and
sell as scrap metal.