Glenn McCullough
Member
OF THOSE WHO HAVE A "BUSINESS" SELLING PENS, ARE YOU A DBA, AN INDIVIDUAL PROPRIETOR, INTERNET ONLY OR BOTH?
IF OTHER , PLEASE EXPLAIN.
IF OTHER , PLEASE EXPLAIN.
Originally posted by JimGo
<br /> Now, granted, for someone not doing a show, the liability risk may seem low (it's only a pen!), but there are several imaginable scenarios in which a pen maker like us could face at least several hundred dollars, if not tens of thousands of dollars in liability.
Unfortunatly you are probably right here. Now that I think about it I might just cut my losses now and quit selling pens. BTW - the reason the ER visit is 5K is the same reason we would be responsible for paying for it, a broken judicial system.Originally posted by DCBluesman
<br />I'm not Jim, but there are a few cases that spring to mind. Ruined silk shirt - $150. Ruined Armani suit - $2,000. I wouldn't downplay the wood allergy thing either. ER visits can run $5,000 without blinking an eye. These, among other reasons, were enough to convince me to 1) incorporate, and 2) review my insurance policies.
Originally posted by oobak
<br />I just repaired a pen that "blew up " on a coworker, ruining his business suit. The pen was one of 100 I made that were ordered by a company (for top sales producers)that supplies mattresses to our company. The coworker asked me to repair the pen and did not ask for compensation, but could have I suppose.
Originally posted by DCBluesman
<br />I'm not Jim, but there are a few cases that spring to mind. Ruined silk shirt - $150. Ruined Armani suit - $2,000. I wouldn't downplay the wood allergy thing either. ER visits can run $5,000 without blinking an eye. These, among other reasons, were enough to convince me to 1) incorporate, and 2) review my insurance policies.
Originally posted by chisel
<br />Originally posted by oobak
<br />I just repaired a pen that "blew up " on a coworker, ruining his business suit. The pen was one of 100 I made that were ordered by a company (for top sales producers)that supplies mattresses to our company. The coworker asked me to repair the pen and did not ask for compensation, but could have I suppose.
Sorry to hear that. We never want to have such things happen.
I believe you have some experience with legal matters, and I would like to ask for your opinion on a few questions.
Since we are using pen components made by other manufacturers, could we be held legally liable for other peoples’ faulty work? This assumes we made no mistakes in our handling of, assembly of, or shipping of said components.
Also, would some disclaimer about the inherent risks associated with fountain pens, or roller ball pens, be advisable?
BTW, what type of pen failed? Fountain, Roller Ball , or other?
Peace,
Chisel
Chisel,
The only "experience" I have is being in a management position with a large retail company that many want free furniture from. I have been to many small claims, as well as faulty product claims hearings over 27 years. I can say that I know the complaintant can sue all parties, the retailer, the manufcturer and the parts supplier. In this case, I am the manufacturer, the faulty part is the slimline(tn coated of course)refill and the distributor is the bedding Co. that gave the pen away. Usually the retailer, or in this case, the bedding Co. would try to resolve it(to keep its good reputation), take the hit, and move on if it is a small settlement. In larger settlements, the retailer would collect some adjustment or future reductions from the manufacturer(me) who would seek the same from its supplier.
Glenn
Originally posted by chisel
I believe you have some experience with legal matters,
Originally posted by oobak
Chisel,
The only "experience" I have is being in a management position with a large retail company that many want free furniture from.