Selling prototypes, beta-versions: Liabilities?

Page 2 of 3  


Depends. If it was one of those deals where the thing just let go without warning I'd classify it as "shit happens". If I was the fourteenth person it had fallen on then I'd say that some additional punishment is in order.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
azotic wrote the following:

How about "loss of consortium"?
--

Bill
In Hamptonburgh, NY
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 9/18/2011 5:14 PM, Harvey Specter wrote:

Good you straightened that out. I suppose the reason they run those ads and have their own response teams to get the hospital first after an accident isn't for their own benefit. All they hope for is to just get their wages out of the deal.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Contingency fees are the only option for most people.
Let me be the devils advocate. You are in an accident that is no fault of your own. For example lets say you are at the big box buying a box of nails and a higher shelf collapses on you. You loose six months of work and live in uncontrollable pain the rest of your life because of the injuries you received.
Sound familiar? ;-)
Now unable to work and without income, could you afford to pay an attorney the upfront fees required to successfully sue the big box store?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 9/18/2011 7:37 PM, Harvey Specter wrote:

Who mentioned contingency fees?
My point is about the really common practice where many/most lawyers are in business solely to transfer as much wealth as they possibly can to themselves in whatever way they can. Essentially they realized they don't need to stand in a dark alley with a hood over their head. They can dress in a nice suit and pretend they are honorable.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 9/19/2011 8:44 AM, George wrote:

That's true for virtually all of us. Have you ever turned down a pay increase? I sure as hell have not!
> Essentially they realized they

Clearly you have a hard-on for lawyers.
If you ever find yourself needing legal representation, I suggest you hire a cub scout instead.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 9/19/2011 6:09 PM, Ted wrote:

Do you have a moral compass? Do you work for a brokerage or something similar?

Actually have an honest lawyer in the family and a good friends kid is an honest lawyer. Note the operative word "honest"
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Yep.
My attorney (who's actually got a reputation for being good at this stuff) told me that even with a RAFT of waivers and hold-harmless agreements - which _might_ get you off the hook in court - you still can never prevent someone from suing you. And that's always costly and time- consuming.
He suggests that before you sell anything with any hazard potential at all, that you incorporate as an LLC. Then, they can sue the LLC, but if it's structured right, all they'll get is any insurance the LLC carries, while your personal assets are protected unless you've been criminally negligent in allowing something you _knew_ would cause injury to be sold to people you knew would injure themselves with it.
Incorporating that way is only a few hundred bucks in most states, and carries with it only a small burden for record keeping and reporting.
LLoyd
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
"Lloyd E. Sponenburgh" <lloydspinsidemindspring.com> wrote in message

In addition if the state you live in has a homestead act, register your home and protect it from a lawsuit.
Best Regards Tom.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

My son is handicapped. We signed everything we own into a durable trust for him; He owns it all. Because he is incompetent to enter into any agreements with anyone, he cannot be found liable for any form of tort or contract breach. The trust cannot be touched.
Even if I screwed up and was found liable, they couldn't take the house away. But the LLC helps improve even that, because it doesn't own anything but the intellectual rights to what it sells (and usually for prototypes or one-offs, the customer actually owns those, anyway).
I wouldn't ever deliberately sell anything I knew was going to hurt someone. However, if I got one of those typical suit notices on my desk where the customer was careless, and now they are going after everyone they think may pay for their stupidity, I'd just notify them that the corporation was dissolved due to insufficient resources to litigate, and that they were welcome to the proceeds of the dissolution -- which was whatever petty cash was still in the front desk's drawers when the corporation went out of business. The desk, of course, would have been leased, and had to be returned to its owners.
LLoyd
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
"Lloyd E. Sponenburgh" <lloydspinsidemindspring.com> wrote in message

In todays world you have to make yourself judgement proof. Having been a defendant i can tell you its a major pain. It took 4 years to settle and even when you win you lose. There is no way to recover the lost time and money spent defending your self. Even if you have no assets to satisfy a judgement you will probobaly be called as a witness, at the very least you will have to give a deposition. We are in dire need of major tort reform.
Best Regards Tom.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Not gonna happen as long as lawyers are running the government. The sad thing is how few people see a conflict of interest with people who profit from complex laws making the laws.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
says...

Litigation has exploded to the point that there is a shortage of conscripts to serve as jurors for the shakedown artists. People here are asked thru summons to do thier civic duty every 18 months like clockwork. I refuse to play thier game. Soon as mention i was a defendant in a civil suit i am excused for cause.
Best Regards Tom.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 9/17/2011 8:54 PM, J. Clarke wrote:

One of the reasons for that is all businesses are portrayed as bad with those "smart" people in the government the only ones who can help us. Every business gets lumped into the same category as the Wall St pirates who were responsible for tanking the economy with the securitization of mortgages.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 9/17/2011 6:20 PM, azotic wrote:

accident (an older guy pulled out without looking at a high rate of speed and crossed over into the lane my friend was in).
Friend was young and just starting out. Guy was judgement proof (had all of his assets in trusts etc) and only had the state minimum car insurance. My friend was paying medical bills for years and still has serious medical issues that can never be repaired.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Did your friend have auto insurance? His company shopuld have picked up the tab.
uninsured/underinsured coverage.
Remove 333 to reply. Randy
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 9/19/2011 8:08 AM, Randy333 wrote:

Sure, but you can blow through that pretty quick with serious injuries and that is what happened.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 9/17/2011 4:47 PM, Lloyd E. Sponenburgh wrote:

rights.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

I am not a lawyer nor do I play one on tv but... maybe you could do like the phone companies do and force people into binding arbitration as part of the terms of service?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Ah................ disclaimer? "due to this product being a prototype & not yet fully tested, seller assumes no responsibility to buyer for any defect,personal injury or property damage due to negligence , misuse causing failure of this product."
notery: by signing here you___________ accept the above terms & conditions date__________ buyer ________________ seller
that should be enough to scare the shit out of the weak ones that dont really need the product.
the best one I've seen on milk cases ect. is:
"misuse of this container constitutes theft!"
Bastards! stolen milk case!!
Hey it keep me busy making molds for that crap , many years.
--
~g~



Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.