Can I be sued for cat toys I sold?

[ilovecats222]

What is the name of your state (only U.S. law)? Pennsylvania

hi, i sold cat toys on eBay and a member said that the cay toys ruined her carpet, they are rainbow mice cat toys, i had a disclaimer on the eBay listing in size 8 font that stated verbatim"
Zanies pet toys are not intended for pets that chew, as with any toy, please discard when worn, supervision is recommended. "

Can I be sued in small claims court for damages to her carpet stains in her state of Michigan? She was refunded in full after she complained to me.
So.....need to know if this buyer has a claim, and if yes, would she have to file in PA? or MI?

PS.....she claimed her cat almost chocked to death on cat toys and I guess they got wet and the dyes ran?

Thanks in advance, meow

 

[Steerforth]

Sounds as though she's trying to scam you. With my limited knowledge of the law, I'm fairly certain she would have to go to Pennsylvania to file a claim. She would need proof which I doubt she has.

Who knows how long the stain was there? It would cost her more to pursue this - probably unsucessfully - than to buy a new carpet.

Steerforth

 

[ilovecats222]

Thanks!
Q? but since this ebuyer bought in her state and it was delivered to her state, you don't think she can file there? like have pictures and a carpet cleaning person say oh my this is vegetable dye and hard to get out, and then she file in a small claims court, this person is that kinda person, very threatening and a prob a con artist as well, I am wondering if (she) is not also in the legal field, hmmmm

thanks for your reply, if anyone else had a opinion I'm still open to hearing them...maybe I can get sleep tonight, and of course, my next Q is......

Beings that i am also a sole proprietor and have a website, what kind of insurance should I get , I also sell cat trees, pet meds etc....most drop shipped, a ton of everything, I have a large website************** don't want to post the name but I'm over 1000 items on my website, (not eBay)

should I get a LLC, or incorporate and get general liability ins to cover my arse?


being in the pet industry anything can happen, May I kindly ask anyones professional opinion, on how do I protect myself in case a cat or dog dies or gets injured from one of my sales?

thanks again in advance, I know you guys are real busy out there, and I DO appreciate any help I can get, (((((HUGGIES))))

Kind regards,

cat woman

 

[Antigone*]

Thanks!
Q? but since this ebuyer bought in her state and it was delivered to her state, you don't think she can file there? like have pictures and a carpet cleaning person say oh my this is vegetable dye and hard to get out, and then she file in a small claims court, this person is that kinda person, very threatening and a prob a con artist as well, I am wondering if (she) is not also in the legal field, hmmmm

thanks for your reply, if anyone else had a opinion I'm still open to hearing them...maybe I can get sleep tonight, and of course, my next Q is......

Beings that i am also a sole proprietor and have a website, what kind of insurance should I get , I also sell cat trees, pet meds etc....most drop shipped, a ton of everything, I have a large website************** don't want to post the name but I'm over 1000 items on my website, (not eBay)

should I get a LLC, or incorporate and get general liability ins to cover my arse?


being in the pet industry anything can happen, May I kindly ask anyones professional opinion, on how do I protect myself in case a cat or dog dies or gets injured from one of my sales?

thanks again in advance, I know you guys are real busy out there, and I DO appreciate any help I can get, (((((HUGGIES))))

Kind regards,

cat woman

This person can certainly sue you, it is well within her rights. She would have to file suit in your jurisdiction and have you served.

I don't think she has a chance in haedes of winning though. You know...this sounds like a judge judy case

 

[ilovecats222]

Thanks to the both of you,

Q? if this nut serves me and I don't show does she win? or do I fight like a wild woman, I don't think layers are allowed in small claims court right??

Does the maker of the cat toys then get involved, my distributor?

(((HUGGIESS))
Kathryn

 

[Antigone*]

Thanks to the both of you, if it were not for the gin and tonic w/ lime I'm having now and ALL your helpful advise, I would be off my rocker today!

this cat biz is tough, I get all the friggin crazy cat people****************************

Hmmm, should I do a LLC or incorporate in case someone tries to sue me in the future??

Q? if this nut serves me and I don't show does she win? or do I fight like a wild woman, I don't think layers are allowed in small claims court right??

(((HUGGIESS))
Kathryn

When you consider incorporating vs. being a sole proprietor you really need to take into consideration many factors. The fact that you can be held personally liable right now is only one factor. You should speak to a CPA who can take a look at your finances and give you the proper recommendations.

If your sales are just here and there or you are a hobby seller, your current structure might be what works best.

 

[ilovecats222]

Thanks Antigone,

I will call my CPA tomorrow, did not know that, your kind, thanks for your time, till I get served I'm not gonna worry about this (nutcase) and finish my aperitif'

I will let you know if this nut does anything to me, I sure need protection in my biz..

Judge Judy.....she still on?

(hugs)

Kathryn~
=^..^=

 

[Antigone*]

Thanks Antigone,

I will call my CPA tomorrow, did not know that, your kind, thanks for your time, till I get served I'm not gonna worry about this (nutcase) and finish my aperitif'

I will let you know if this nut does anything to me, I sure need protection in my biz..

Judge Judy.....she still on?

(hugs)

Kathryn~
=^..^=

You know kitty lady, you can always borrow someone's pit bull and sick them on the dorky customer

I'd let you borrow my dogs, but a poodle and a maltipoo don't instill fear like a 60 lb raging pit bull.

eta...judge judy on at 3pm cbs here on the west coast

 

[ilovecats222]

Yours and the other persons kindly reply have made me feel better, I have worried about this since she threatened me, I have been up every night at 3 am racked with worry, your pups would be a nice back up, but alas you are right dear nothing like a fierce put bull or doberman to get a job done quickly, like a cobra the flare and ferocity does the job fast
I think If I fluff my feather (fur) large enough she will back off, but then again, who knows, there's always a coo coo in the bunch, I'm blessed to have found this site and apurr-reciate your kindly replies, IM signing off as my biz is calling, the start of the holiday season brings much joy and PITA's to me**************.lol


Its a 80 hour work week for me....

Its so very nice to meet you, pls know I am prob going to get the first night sleep in a few days, hubby will be happy, I am happy to know there are people out there willing to take the time to help others on this chat and help line and for that I feel very blessed

Meows...
Kathryn~

 

[Steerforth]

If she's harrasssing you, call her bluff. She has to file in Pennsylvania since that's where you live, and she must have defintive proof that the toy you sold her caused the stain.

Think about it. How is that going to be possible?

Me? I would have fun with her and ask her to send you proof including a vet's notarized statement, etc.

Tell her to kiss off. She doesn't have a chance, believe me.

Steerforth