Legal Implications

[stevez1]

Does anyone out there have any knowledge concerning the legal liabilities of knife making and selling? If someone made a knife, sold it to someone and if the knife broke and caused injury, is there a liability to the knife maker/seller? I have made some hunting knives and have people that want to buy them but I don't want to leave myself open to litigation.

 

[DedRok]

If you sold or made someone a screw driver and they stabbed someone with it, do you think it would be your fault or the person who stabbed someones fault?

 

[Pittknife]

You should create a LLC, it's not expensive and will take care of most of your litigation concerns.

Does anyone out there have any knowledge concerning the legal liabilities of knife making and selling? If someone made a knife, sold it to someone and if the knife broke and caused injury, is there a liability to the knife maker/seller? I have made some hunting knives and have people that want to buy them but I don't want to leave myself open to litigation.

 

[craytab]

If you sold or made someone a screw driver and they stabbed someone with it, do you think it would be your fault or the person who stabbed someones fault?

That is a completely different situation than what the OP is asking.

I think talking to legal counsel might be in order here. Best not to look to the interwebs for legal advice.

 

[TechDoc]

Yes, talking to a lawyer is a good first step. I'm sure you'd be liable for anything you manufacture and sell. You could check the documentation that comes with production knives from major brands to see if there is any disclaimer of liability included.

 

[n7titan]

You could probably email current knifemakers also. I assume most of them had to work through the same concerns.

 

[Yo Mama]

With a properly heat treated blade, you shouldn't worry about it breaking unless it was used incorrectly to begin with. Take this idiot that sued Kershaw because he "lost" the Iditarod:

http://www.adn.com/article/20120511/mitch-seavey-sues-knife-maker

That said, maybe add a nice card with every knife you sell, showing the maker and serial number, signature, then on the back maybe a legal disclaimer saying you take no fault if someone cuts themselves being stupid.

 

[TechDoc]

That article is what would make me afraid to sell anything I manufactured. Being sued for someone cutting themselves... does anyone know what model of Kershaw knife he was using? From the picture it looks like it is a mid-lock.

 

[Demon613]

In the United States there is no penalty for bringing a meritless lawsuit and losing.

Anyone can sue anyone at any time for any reason.* (except for exempt government entities)

I can file a lawsuit right now against you for causing me to experience undue stress causing me to second-guess my decision to become a knife-maker and demand payment for thirty years of future revenue loss. Forget the fact that you didn't cause me stress and I never wanted to be a knife-maker. Forget the fact that there's no way in hell my lawsuit would ever win. But if I pay the filing fee there is nothing to stop me.

Forming a Limited Liability Corporation (LLC) or incorporating into a Trust is a great idea. So is talking to an attorney that specializes in civil law.

 

[NMpops]

If you make a defective product, yes you could be liable for injuries caused. That's why an LLC and a lawyer are a good idea.

 

[Thomas Linton]

With a properly heat treated blade, you shouldn't worry about it breaking unless it was used incorrectly to begin with. Take this idiot that sued Kershaw because he "lost" the Iditarod:

http://www.adn.com/article/20120511/mitch-seavey-sues-knife-maker

That said, maybe add a nice card with every knife you sell, showing the maker and serial number, signature, then on the back maybe a legal disclaimer saying you take no fault if someone cuts themselves being stupid.

Disclaimers of liability presented after sale have no legal effect. So all that legalese you see inside the package is there hoping you are ignorant - a hope often fulfilled..