liability for sharp mask sales.

[provanity]

What is the name of your state (only U.S. law)? Indiana
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Someone asked about selling sharp objects but I wanted to get better clarification as to my personal circumstance.

I'm about to start selling mask that are made to be worn to dance festivals, parties or used for cos-play at conventions.
These mask have (not sharp) but very pointed edges that stick just slightly out above the for-head. (kinda like horns)

I planned on putting warnings and instructions for intended use. (not to be used when around close confined groups of people)
*they are performance mask basically, but people who buy them could be able to use them in any way they want
as I have no control over that*

The problem I see would be only eye damage if the person wearing the mask was dumb enough to move fast
and immaturely enough to jab someone in the face, or eye.

would having a warning + intended use label help me?
it would basically state the hazards and that users should insure adequate room around them before using the product.

I feel like having this would be ok, or else I could just continuously spray myself in the face with raid until I got sick and then sue?
I don't feel like that would go over so well but idk.

The edges of the product aren't supper long, I feel like it would take some great effort to harm someone.
but someone's eye would really get hurt if that's the case. I could just round the edges but that wouldn't stop the hazard.

Also, I plan on having these point bend toward the back of the users head.

Should I be worried?
Will having an intended use label protect me from the user harming another person via misuse of the product?

 

[FlyingRon]

Labels will not prevent lawsuits.
Labels will not prevent judgements.

In most cases it's a case of comparative negligence. It is near impossible to do anything, even with a signed disclaimer, to waive your own negligence. Certainly even with a waiver, it's only binding on the person who signs it. You can't keep his surviving relatives from suing either.

 

[Dave1952]

Flying Ron is quite correct. A warning label, which is a good idea, may not prevent you from being sued. Your business needs to price liability insurance.

 

[provanity]

thx

thx guys,

took a while to get back on here.
but I appreciate the help.


p.s.

I wonder then if I should even have a label?

 

[quincy]

thx guys,

... I wonder then if I should even have a label?

Yes. It would be smart to have a warning label. Even if the warning label cannot on its own prevent a lawsuit, should you be sued, the warning label will work to mitigate any damages that could potentially be awarded.

I agree with the others that having liability insurance is important.