Want to startv a Mail order business, & have questions about lawsuits

[geeman97]

Hello,

I am wanting to open an Internet mail order business where I would be re-selling toys and other collectible items. However, I am not sure if selling items to customers can result in myself getting sued by them.

Here are some examples....

Can I personally be sued:

A) If I sell the customer a laser-pointer -keychain, and someones eyesight becomes damaged because they ignored the explicit warning on the package which says something like, " Can cause severe eye damage if laser beam is shined in the eye"

B) I sell the customer a classic car-model kit, and their child swallows a piece from the model kit. Can they sue me since their child almost choked on the piece they swallowed?

C) A similar example: I sell someone one of those "Beanie Babie" or "Furby" dolls, and their child somehow rips off a piece ( the tag or a piece of the stuffing if it gets torn in their possession )from one of the dolls, and swallows it. Can they sue me since the child almost choked on the piece that was ripped off?

Obviously there are many offbeat and improbable circumstances that could possibly happen after a sale.

I don't want to have to incorporate, so knowing this, can the above listed scenarios ( or similar ) allow the customer to sue me? What are the "rights" protecting me-the owner-from such lawsuits, especially since I would be re-selling goods via mail order?
Additionally, shouldn't the customer be expected to have some degree of common sense and responsibility for themselves to be careful?

Thank you for your time and expertise, and I look forward to your response!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by geeman97:
Hello,

I am wanting to open an Internet mail order business where I would be re-selling toys and other collectible items. However, I am not sure if selling items to customers can result in myself getting sued by them.

Here are some examples....

Can I personally be sued:

A) If I sell the customer a laser-pointer -keychain, and someones eyesight becomes damaged because they ignored the explicit warning on the package which says something like, " Can cause severe eye damage if laser beam is shined in the eye"

B) I sell the customer a classic car-model kit, and their child swallows a piece from the model kit. Can they sue me since their child almost choked on the piece they swallowed?

C) A similar example: I sell someone one of those "Beanie Babie" or "Furby" dolls, and their child somehow rips off a piece ( the tag or a piece of the stuffing if it gets torn in their possession )from one of the dolls, and swallows it. Can they sue me since the child almost choked on the piece that was ripped off?

Obviously there are many offbeat and improbable circumstances that could possibly happen after a sale.

I don't want to have to incorporate, so knowing this, can the above listed scenarios ( or similar ) allow the customer to sue me? What are the "rights" protecting me-the owner-from such lawsuits, especially since I would be re-selling goods via mail order?
Additionally, shouldn't the customer be expected to have some degree of common sense and responsibility for themselves to be careful?

Thank you for your time and expertise, and I look forward to your response!<HR></BLOCKQUOTE>

My response:

Welcome to the wonderful world of products liability! Everyone, from the manufacturer, to the jobber, to the warehouseman, to you, the retailer, are on the hook in any one of your scenarios. However, that shouldn't stop you from going into business. But, the best defense is a good offense - - get yourself the best insurance you can afford. You know, I've heard it said, on more than one occasion, that "you're nobody until you've been sued."

Have a good time, and make lots of money !!

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."