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Randy333 Randy333 is offline
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Default Selling prototypes, beta-versions: Liabilities?

On Sun, 18 Sep 2011 10:38:33 -0700, "Bill"
wrote:

"Existential Angst" wrote in message
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.


Lawyers work on a contingency basis and look for "deep pockets". If
your business is incorporated or limited liability and has no money,
then the lawyer will not take the case because there is nothing to
win! If however you are a multi-billion dollar corporation, then the
lawyers will line up to have a go at you...



Pennsylvania just passed the Fair Share act.

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Randy