product liability clause

[rudy]

2 questions:

First, I have designed and built a skid plate accessory for a particular SUV in which many have expressed interest in. This plate is very similar in design to a plate found on one of the companies autoshow concept vehicle. Although similar at first glance, I specifically made sure that I changed some obvious details and the dimensions of the overall size. Even though the company that came up with this plate, they do NOT offer this as an accessory to present customers and it doesn't look like they will in the future since the SUV is no longer being manufactured. My question is that would the company still have any legal standings against me for copyright or patent infringement on a product that they don't sell?


Also, my second question is, as slim as it may be, I am concerned about the possibilities of this skid plate accidently falling off and creating an accident for the owner or others around while driving. Since I am the sole creator of this product, would I be held liable and if so is there a specific legal clause that I can include in the receipt that would void me of this?

Thanks in advance for any info. you can provide.


rudy

 

[ALawyer]

If the plate has been patented, the patent owner has the exclusive rights to it. If a patent is issued, you'd be SOL.

And in terms of protecting yourself from liability as an individual, forget it. If a corporation did the manufature and sale you'd have a fighting chance to avoid personal liabilty, ditto if you had insurance.

 

[rudy]

In terms of the company having patent the plate, I doubt it. I know first hand the company has already scrapped the original molds because it was only used for their concept vehicles in the auto show. To this day they have no plans in manufacturing these plates as an accessory in the future for this particular SUV.

So, do you think I should open up a company or corp. in order to avoid personal liability from this product? Basically, was wondering if I can include a specific clause or statement in the receipt to void any legalities if such a mishap should occur. Thank you for your help and insight.

rudy