I am thinking of selling wooden hiking sticks at local arts and crafts fairs. If someone buys one of these sticks and uses it for hiking, as intended, there is a a small, non zero chance they could hurt themselves using my product. I have added some safety features, such as a rubber foot and hand grip to decrease the chance of slipping, but hiking is an inherently dangerous activity.
Since I can’t make my hiking sticks ‘accident proof’ I am a little nervous selling a product that someone could use or misuse that could lead to a lawsuit against me.
I assume there is liability insurance I can purchase, and I could probably get a buyer to sign a disclaimer absolving me of responsibility, but I assume I am still potentially liable for damages ‘caused’ by my product.
I have seen some sales receipts that have the disclaimer printed on the back of them, but I don’t think they would hold up in court.
Of course the litigant would have to show that the product was defective, but since it’s a natural product there could be flaws that I would never know about.
Following your line of reasoning no one would manufacture anything at the tiny scale you are talking about. Liability insurance would probably be cost prohibitive. Having people sign statements would probably cut your sales in half.
I think your concern should be that the wood is strong enough (and other parts) so it won’t break for its users.
Liability insurance is not that expensive. Ask an insurance agent for a quote - most general liability policies for businesses are $500/year because most insurers don’t want to bother with a policy that’s less than that. (Seriously. My insurer will bundle policies and use that to get you over the $500, so the general liability for my business is only $280/year).
Umbrella insurance is also supposed to be reasonably affordable, and that can help catch any excess liability from a variety of sources.
Other than talking to an insurance agent, you really need to talk to an attorney. They can help both in explaining the risks and drafting any disclaimers.
I see what you’re saying, but I could test the wood for strength, determine that it is strong enough for an average person, but someone who is morbidly obese could try and use it and it could fail under an extreme load.
I suppose I could show that I did everything I could to reduce the chance for failure, but wood in a natural product and the act of stressing the wood by testing it might weaken it.
My biggest concern is that the product doesn’t fail but that someone slips and blames their slipping on the stick, breaks their leg and because they have nothing better to do decides to take me to court.
I already have a 1 million dollar umbrella policy, I suppose I could talk to my insurance agent about what is covered by that policy and whether I also need to have a separate business liability policy.