Passaround liability question

DaveH

DaveH

Joined
Dec 2, 1999
Messages
12,249
I need peoples help. My question is how do we effectively deal with the question of liability for a passaround?

The obvious thing is to add a clause that makes it clear that the temporary evaluator of the knife agrees not to hold the manufacturer, coordinator, bladeforums, other passaround participants liable for any accidents, damage, misfortunate caused by the knife and or it's use etc.

I'm not a lawyer though, is that sufficient?

Actually, I have access to a attourney but consultation is something like $100 an hour. I thought I'd get some input here first.

Thanks
 
Good point Dave, I never thought of that aspect, although I probably should've. How are we going to cover this? Make people print that out, sign it and send it back to us? You aren't getting ready to sue me because of the 942 are you? :p
 
Naw, BurkStar you're cool!

I think it's something we have to deal with if the passaround concept and participation grows.

Dave
 
Why can't you make a line and add it to the thread, it could say something like this,"By replying to this, post and adding your name to the pass around list, it is implied that you, as an evaluator accept full resposibility for any actions involving said knife and thereby relieve the Poster of origin, manufacturer/maker of the knife, and Bladeforums.com, of all liabilty in regards to said knife."

I'm no lawyer, but I play one on TV.

Maybe a real lawyer could help.
 
Sorry guys, but those hold harmless, limitation of liability, indemnification agreements, or whatever you wish to call them, are not worth the paper they are written on. You are legally liable for your negligent acts no matter what the signed release says. If you knowingly, or reasonably should have know, send someone a knife with a broken lock and they get cut, you are liable no matter what they signed.
Life in America, many individuals looking to sue someone else to make a fast buck. And when the lawyer sues, he will name everyone and everybody in the suit, looking for the deep pocket. That is why business' like BFC and One Stop Knife Shop, have insurance and we, as individuals, have homeowners liability insurance.
I would not worry about it on a pass around knife, unless you damage the lock and fail to admit it to the next guy.
 
Oh please, this is pass around knife FOR FREE!!!!!!!
Anybody who wants to sue should be tarred and feathered!!!
Pass around is not commercial transaction, this is not commercial site, how can it be liable for YOUR stupidity?!!!!!
Why are we even discussing this?!!!!
Anyone who want to sue for this should go home talk to mommy first:mad:
Martin
 
Dave, I have to agree with Martin on this. You offered some us a great opportunity to try a new knife, review it, all for a nominal fee of postage to the next lucky soul. I can certainly understand not wanting to expose yourself to this situation, but if anyone here is stupid enough to try this after your generosity they NEED HELP :(

It truely is sad,that today we must think about this type of action from our fellow "edged tool", knife lovers. Lets all hope this is never considered. When I participated in your pass around I wouldn't have thought for a minute to involve you, (or others), if I had injured myself(My mis-fortune). Lets hope others will use their head.
 
Believe me, people will sue because of their own stupidity all the time. Why do you think there are so many warning stickers on ladders? It seems that people have to be warned that if they climb a ladder and fall of, they may be hurt.:rolleyes:

The fact that it would be ignorant of someone to sue does not mean that it will not happen.
 
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