Question About Liability

B

briggsscooter

New Member
#1
#1
I am selling my homemade gas scooter on craigslist and am wondering if i am liable at all if the person who buys the scooter is injured while riding it? Is it safe to assume 'buyer beware'?

I put a disclaimer at the bottom of my post stating that i assume no responsibility if the user of the scooter is injured. Not sure how that would hold up in court though lol.
 
Motra

Motra

Active Member
#2
#2
Interesting! It might be best to leave out the "home made" part. In other words, don't take any credit for creating this thing yourself so you're not personally liable for any design flaws (or at least what could be perceived as a design flaw in court) or build quality issues. I imagine it's possible that the builder could come under fire if the integrity of the machine is questioned.
 
B

briggsscooter

New Member
#3
#3
There has gotta be a law protecting the seller though. Think about how many hot rods have built out of garages (some built very poorly and unsafe) and sold. Then again, i hate to take a risk.
 
Motra

Motra

Active Member
#4
#4
Really I'm sure you're pretty safe to assume that all would go well. There's just that one in a million chance that something bad could happen.
 
Motra

Motra

Active Member
#5
#5
You're probably right. Lots of things get modified or altered by people and it doesn't make us all liable for everything. You're not a company representing a product you've produced and made claims as to the performance or expectations of the product.
 
125ccCrazy

125ccCrazy

Well-Known Member
#7
#7
"Buyer assumes all responsibility with purchase of this vehicle, I will not be resposible for any damage or injuries to any property, personal public or private..I will not be be held liable for any injuries to any person, animal, ect"

Something along those lines and have them sign two copies, one for them and one for you...

also specify that it is sold with No Warranty or Gaurantees

A friend of mine sold a car to some "friend" of thiers years ago, about 6 months later the car needed some ball joints I believe and other frt end work, this woman took him to court and the judge ordered him to give her money back for the car,court costs, plus he lost time off work for court hearings.... This was all after he offered to fix the car for her but she wanted to return the car and get her money back.... It was a nice car when she bought it but her and her boyfriend beat it, didn't maintain it and because he didn't express NO WARRANY he was ordered to buy it back.... thats BULL:censure:

If a kid buys it have HIS PARENT(S) sign it, must be 18 years or older...
 
S

Sunnyknoll

Active Member
#9
#9
I'm told one of the ways to protect yourself in this situation is to sell the item "for parts only". Be sure that is clearly stated on the sales slip. If your still not certain, check with your attorney. Hope this helps.
 
fourwheelhorseman

fourwheelhorseman

New Member
#10
#10
As long as you put on the listing "SOLD AS IS" you should be fine. I wondered about that when i sold my Triumph bobber project. My legal adviser said that, at the time, ( about 4 yrs ago) that all I had to do was put "SOLD AS IS" on my ebay ad..then print out a copy of my ad and keep it for myself for around a year or so.
I also wonder if your state laws are different than mine..I'm in Ohio...dunno?
 
TT

TT

#11
#11
This is a good revelant question. Depending on the state you live in, the buyer's on, "as is" "where is" condition you should be OK? Do you have asset's. If you are judgement proof or incorporated, you should be OK? If the thing breaks in half and someone dies everybody gets sued. That fact remain's the same forever. If you don't want the headache, hang it in the garage and look at your law suit until you die, then it becomes someone else's problem as dead men do not get sued...

TT
Working out for the next war.. OUT!
 
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