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As an e-commerce store owner, am I open to being sued?

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Eddie123

Member
As an e-commerce store owner that sells gardening products through dropshipping, am I responsible for a product that caused damage to a client, or is it on the supplier?
For example, a wheelbarrow with a loose screw that fell on a client's leg? Am I open to being sued in that kind of a case? Or can I cover myself through my shopify T&C?
 


quincy

Senior Member
As an e-commerce store owner that sells gardening products through dropshipping, am I responsible for a product that caused damage to a client, or is it on the supplier?
For example, a wheelbarrow with a loose screw that fell on a client's leg? Am I open to being sued in that kind of a case? Or can I cover myself through my shopify T&C?
The following applies in the US. I understand that you are located outside the US.

You can be sued. Nothing prevents a customer from suing. Whether you can be sued successfully depends on the facts.

Terms and conditions and disclaimers can help to mitigate damages if you are sued, so from that perspective these are wise to have. Having an attorney draft these can be smart. You also would be smart to carry insurance enough to cover a lawsuit should one be filed against you.
 
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Eddie123

Member
Terms and conditions and disclaimers can help to mitigate damages if you are sued, so from that perspective these are wise to have. Having an attorney draft these can be smart.
So should I state in my store's T&C that I am not the supplier but merely the mediator? Does this statement alone has any power to reduce my legal accountability for the product's safety/functioning?
 

adjusterjack

Senior Member
So should I state in my store's T&C that I am not the supplier but merely the mediator? Does this statement alone has any power to reduce my legal accountability for the product's safety/functioning?
You're missing the point. No matter what you put in your T&C nothing prevents somebody from filing a lawsuit against you if they are injured by any of the products you sell. Even if you are not liable for the injury you still have to defend yourself against the lawsuit. That means hiring a lawyer because you can bet that the injured person will have one. It could take many months and tens of thousands of dollars in lawyer fees before you are absolved of liability. You may never have to pay a nickel toward somebody's injury because it's the manufacturer that generally takes the hit for a defective product. Unfortunately, the cost of defense will eat you alive and that alone could put you out of business and into bankruptcy.

And lest you think that an LLC or corporation will protect you, understand that a personal injury attorney will name you as an individual along with your company and you'll still incur defense costs.

If you want to avoid that kind of debacle you buy Products Liability Insurance. As a drop shipper, the risk of you being liable for somebody's injury is very low so the cost of the insurance will also be commensurably low. And if nothing else, your insurance company pays for any litigation defense costs, should litigation occur.

Find yourself an independent commercial insurance agent who can set you up with the proper liability insurance.
 

quincy

Senior Member
So should I state in my store's T&C that I am not the supplier but merely the mediator? Does this statement alone has any power to reduce my legal accountability for the product's safety/functioning?
Terms and Conditions, and disclaimers, are smart to have as they can help limit any damages awarded should you be sued and lose the lawsuit. They do nothing to prevent someone from suing, whether a suit has merit or not.

You should consult with an attorney in your area for help drafting the terms of use and the disclaimer. You are not as vulnerable to a lawsuit as the product manufacturer but this does not mean you should not be insured.

Good luck, Eddie123.
 

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