Selling a product on eBay that is dangerous when misused.

[Um...Me123]

I live in Nebraska.
I am only 16 years old and have made a "thing" that is used with fireworks. I am on my 3rd design which is very user friendly, safe, and professional looking (meaning it looks like something you'd buy in a store)
I want to sell them on ebay because if it catches on it can potentially be a decent money maker for me, making $100+ profit a piece.
If the unit is used acording to instructions it will work just fine and safely. If misused it could cause a firework to go off unexpectly and cause injury of course.
What I want to do is put a sticker over the key-hole with a disclaimer on it(so that it will not function without removing it). My dad thinks this won't work and I could probably still get sued due to loop holes or whatever.
If I can get my dads lawyer to get the wording right on a disclaimer will I be able to sell it on eBay without getting sued if someone blows themselves/somebody up?
Thanks for you help,
The Inventer

P.S. I have made a neat decal layout on the computer which involves a name for it.-->Can I get in trouble for trade mark (or similar) issues if I'm jjst making these by hand at home? I don't want to start a full fledged buisness here. I just want to see if people will even buy them and make a little money. If they are very popular then maybe I can work on a patend and trade mark or whatever is needed and end up folowing in my Dad's footsteps, inventing a product and making a very sucsesful buisness out of it. Ever heard of Speidel Aplicator?

 

[loveumms]

I am a little confused on what you are selling exactly - if it’s just a holder for fireworks or if you are selling fireworks that are less explosive.

If you are selling anything that is ignitable you will not be able to sell it on eBay even if you can figure out the correct wording. It’s illegal to send fireworks in the mail and eBay prohibits fireworks from being sold.

If you try to list is under another topic, eBay will likely discontinue your auction and will ban you (if you continue to relist the items).

http://pages.ebay.com/help/sell/item_allowed.html

 

[tabathadolley]

Is it possible to put the wording on the item where it can't be removed at all, so that they have to see it and there is no possible way to claim they didn't know the dangers?

 

[Um...Me123]

Sorry...I didn't want to give too much away.

Ok...well it's I guess I don't really need to "protect" my idea but it lights the fireworks using electricity. (like the professional shows) I will not be selling anything that involves fire. I just don't want someone to plug in the box and walk up to the firewoks and something explodes because some bumped a button. Someone could say a defect inside caused something to go off unexpectedly. I'm not saying that couldn't happen but it's highly unlikely and I don't want to be liable for anything or any reason that goes wrong after it's bought. In that case the person assumes the (very very small) risk that something could go wrong. I want to put a disclaimer sticker over the key-switch (which will be turned off) so then the person has to acknowledge the risk before operating. Kind of like when you install a program they make you check a box saying you read the liscence agreement. Who reads that anyway?
Prompt responce please.
Thanks all,
ME

PS With the part about me not being responsible for a defect...I would be willing to fix any problems just I don't want to be sued for damages or whatever.

 

[Zigner]

Well, here's the way it is. If something goes wrong, you can and WILL be sued. Whether you end up having any liability doesn't really matter, you will still have to pay the legal fees on your end. You should probably look in to product liability insurance for your product if you want some level of protection against this.

 

[Um...Me123]

A Kit Maybe?

What if I amass all the parts and make a really good instruction book and sell it as a make it yourself kit?
If someone ever tried to sue me because the box blew them up--it would be way more likely that they messed up putting it together (as long as my instructions were perfect)
Would I be totally safe that way?--the wiring is the most tedious part anyway and I couldn't charge as much but.....whatever that's my idea.

 

[Zigner]

You're missing the point

You're missing the point. Whether or not the lawsuit has any merit wouldn't matter. You can be sued. Whether or not you win in the end, YOU will have to spend the money to defend yourself. You must have product liability insurance - and a lot of it from the sound of things.

 

[racer72]

Legally you can't sell on Ebay till your 18 anyway. Besides the potential of being sued for selling something that can cause serious injury, you could be looking at being criminally charged with fraud and deception.