Liability in knife making and selling.

[Black Dog]

There has been some discussion about business and liability in the past, but it did not include any anecdotal content. Can anyone tell a story or cite a case where a knife maker has been sued by someone getting injured or killed by a knife that he has made? No one ever wants to accept that the person being stupid is the one fully at fault. They want to blame an object or the maker of the object. Look at what lawyers and activists are trying to do to firearms companies . Is it advisable to form a LLC to protect myself before continuing to sell knives? I'm not so worried about incurring debt liability but more worried about claims of product liability - "I didn't see a label telling me that knives are sharp."

 

[SteelSlaver]

I bought an axe once that had a glass handle and it had a warning "blah blah blah this instrament can cause serious bodily harm" What kinda moron doesn't know that. But, hey look at the gun manufactures. The cost of just showing up in court to defend yourself can break a lot of people. Sad really. I plan to add a place on my reciept that basically says about the samething and the buyer willingly accepts all risks of owning a sharp tool.

 

[Kiwi303]

Just make up a sticker and slap it on the packaging over the join where the two halves of the box meet, or the envelope seals... something like the following:

"Lawyer mandated Liability disclaimer: Knives are sharp, They can cause injury, if you are a dickhead or have your lawyer on speed dial please return this package unopened and find yourself a wooden spoon instead. by opening this package you are absolving the maker and retailor of all liability for any use this knife may be put in the future, and all accidental damage or injury caused by this knife"

I think the bit about the lawyer on speed dial is the most important
any injury caused by failure of the knife while being used properly because of a fault in manufactor would be covered by consumer protection acts covering goods being "fit for service" while a sticker like that would stop all other dimwitted sue-ers cold.

 

[Ramsey]

I remember several years ago reading about such a charge, but the court ruled "that is what a knife is for" and ruled against the plantive. Wish I could remember more but it was as I say several years ago. I think it was in one of the most popular magazines we read as pertaining to knife making

 

[rfrink]

It happens over a long period of time..no so much with a speed dial. Here's a real scenario:

Guy buys knife...somehow the tip breaks off and pokes himself in the eye. Eye gets infected and after a month without medical attention, he permantly loses his vision. A year later he loses his job because of performance issues due to his failed eyesite. Medical bills and no job puts his marriage on the rocks due from the financial stress. 3 years later, he hits rock bottom ....divorced with bill collectors pounding down his door 24/7. Out of desperation, he phones a 1-800 law firm from a late night TV commercial about getting out of debt, stopping bill collectors and personal injury. At this point, his life is in the dumps and he is easly convinced that it all because your knife blade broke. A month later, you get a certified mail from an ambulance-chasing law firm. From there, they try to get anything they can out of you, just fishing at first... They'll shoot for $2 million. If you have insurance, the suit will be very agressive...but you'll have a defense team. Without insurance, you're a wounded gazelle and the Sarengetti. If you set up a LLC...you'll have to prove to the courts that you really are a LLC in practice...so keep your documents, taxes, and detailed meeting minutes. The Court will determine if there is a legal business structure with Limited Liablity...or if you are just a Joe Schmoe who filed some papers with the State.

It will be a nightmare regardless of what you do!!

It's a bleak situation.....one that causes all of us to lose sleep over.

I don't think there is a good answer.