Anyone here a lawyer that deals with product liability? I have some questions.

[Larry Callahan]

I am looking into liability insurance for our filler caps and I have a few questions. If you are an attorney and can spare 5 minutes of your time please e-mail or PM me.

Thanks!

[Damn True]

Put out some feelers for you. I'll let you know what I hear.

[Jim Nilsen]

Hi Larry, you can also get many of the answers you are looking for from a good insurance agent along with the prices you will need to compare for each type of policy.
Goodluck

[Larry Callahan]

I finally got some pricing today and it's scary. I'm looking into other options.

[MuscleRodz]

Product liability is so bad in aviation that no insurance company will hardly do it anymore or it is cost prohibitive to have unless you are a multi-million dollar corporation. You should know about some of that working in the aviation industry.

Mike

[68BNUT]

Man watching these threads about the insurance and liability of bringing a product to market are nuts, Couldn't you just put a tag on there "for off road use only" seems thats what everybody else does. Sounds like a good story for a magazine?!..

[MuscleRodz]

Man watching these threads about the insurance and liability of bringing a product to market are nuts, Couldn't you just put a tag on there "for off road use only" seems thats what everybody else does. Sounds like a good story for a magazine?!..DOT has deemed those words meaningless. Several manufacturers have been fined for making non DOT compliant parts such as HID H4 headlight conversions and clear tail lights lenses without proper bulbs or reflectors.

Mike

[68BNUT]

Wow, unbelievable, I hope this all works out for you Larry i've been watching for this cap for awhile now. Good Luck!!

[novanutcase]

Can't whoever is buying it sign a waiver indemnifying Larry for anything that may happen in relation to the product and acknowledge that they take full and sole responsibility for any and all liabilities that may arise from said product?

John

[MuscleRodz]

Can't whoever is buying it sign a waiver indemnifying Larry for anything that may happen in relation to the product and acknowledge that they take full and sole responsibility for any and all liabilities that may arise from said product?

JohnThat only protects manufacturer from the purchaser. Does not cover anyone else who may be harmed in an accident resulting of the sale of whatever part.

Mike

[Damn True]

Can't whoever is buying it sign a waiver indemnifying Larry for anything that may happen in relation to the product and acknowledge that they take full and sole responsibility for any and all liabilities that may arise from said product?

John

...and those waivers have been shot full of holes in more cases than can be counted. John Edwards bought this place https://static1.pt-content.com/images/pt/2007/07/johnedwardshouse-1.jpgby doing just that.

[novanutcase]

What if Larry offered them for free but was taking donations???

John

[trapin]

Larry I'm not really a lawyer.....but I play one on television.

[Larry Callahan]

That only protects manufacturer from the purchaser. Does not cover anyone else who may be harmed in an accident resulting of the sale of whatever part.

Mike

True, and don't forget about the problem if somebody installs one in their car and then sells the car. The new buyer never signed anything.

[ProdigyCustoms]

I was approached by a Corvette dealer wanted me to convert C5 ZO6 fixed roof cars to convertibles. A fixed roof car is a convertible if you pop the top off. Long story short my insurance company would not touch it. Seems funny I can insurance to do what we do, but not a simple conversion? Who could figure. My agent at the time, not my agent now, recomended I set up a Limited Liability Corp with no assets, and go for it. Seems it is the American way now. I would imagine this is what the airplane industry is doing?

On something like a gas cap Larry, you are probably over thinking it.

[MuscleRodz]

I was approached by a Corvette dealer wanted me to convert C5 ZO6 fixed roof cars to convertibles. A fixed roof car is a convertible if you pop the top off. Long story short my insurance company would not touch it. Seems funny I can insurance to do what we do, but not a simple conversion? Who could figure. My agent at the time, not my agent now, recomended I set up a Limited Liability Corp with no assets, and go for it. Seems it is the American way now. I would imagine this is what the airplane industry is doing?

On something like a gas cap Larry, you are probably over thinking it.Emtpy LLC is one way, but the aviation way is too charge $800 for a $10 reostat or $50,000 for a 300hp air-cooled Volkswagen style 6 cylinder engine. Just pass the buck to the customer to pay for the rediculous insurance rates.

[Jim Nilsen]

Some friends of mine had a company that was incorporated and it protected them personally on their credit and their personal property when they had to file bankruptcy. There were several people that were owed and they tried to go after them personally but the bankruptcy courts don't allow that and they are considered to breaking the law if they harrass you once told that it is a bankruptcy case and a number to call and get in line. They had just those few problems and it was good after that.
If I was going into business again I would become a corporation of whatever type is easiest to do the paperwork for and then carry the minimum liability insurance the state requires and save the rest for the bankruptcy lawyers and judges. A million dollar policy isn't usually that much and would be fair to say might not cover it all but it is a fair share better than the nothing most people get when the people they sue file bankruptcy because noone ever has that kind of money unless they are really big and make that much in profits annually.

In my town a foundry and machine manufacture was put out of business by a man that was hurt on a machine built 50 years earlier and because the guarding wasn't up to new standards they lost the lawsuit for millions and they filed bankruptcy. It put 200 people out of a job and the company that the guy worked for didn't have to pay anything. So in "the end" you just have to know where that is and be willing to take the risk of going there someday. Can you say RETAINER FEE !!!!!:eek:

Goodluck and you will find a way that will work and maybe even make your personal life even more seperated from here legally? A corporation with several business names ? There are ways :headbang:
It sounds like it's time to step up and enter ring :box2:

Go gettum Larry :cheers:

[Chad-1stGen]

You can't indemnify someone against illegal acts. Anything that could have puntative damages assessed pretty much translates into an illegal act. If the part was found to not be up to dot standards I could see that being illegal.

America is such a litigeous society it's rediculous.

[DusterRT]

Could it be sold as a paperweight or a christmas tree ornament that just happens to fit a car where the gas cap goes?

As someone who has always wanted to do stuff like this..it gets depressing hearing all the BS relating to it. :scared:

[kmcanally]

Could it be sold as a paperweight or a christmas tree ornament that just happens to fit a car where the gas cap goes?

As someone who has always wanted to do stuff like this..it gets depressing hearing all the BS relating to it. :scared:

I agree...my company has been sued numerous times by people with our product on their machine (printing presses). Usually they do something really stupid, get hurt and want to blame everyone (us, press manufacture, his employer) except himself.

[MuscleRodz]

If it wasn't for darwinism, we wouldn't need half the product liability insurance companies have to carry.