In a worst case scenario situation (injury) do you risk legal action from the purchaser of a used product.?

Question

This happens to be a child's cedar play structure with a slide and swing that has been dismantled and has to be reassembled.

Answer 1

I think you are asking if you have liability if an injury occurs on a used play structure that you sell to someone else. If you asemble the play structure you are giving a kind of implied warranty of safety, but just selling it does not expose you to liability.

Answer 2

Well, yes, in worst case scenarios the new child will somehow be injured by the play structure and the parents will sue you. There really is no way to avoid this short of not selling the product and just breaking it up for the junk pile. What you might consider is having them sign some sort of exemption from liability acknowledging that they are aware that the equipment is used and no warranties, either written or implied, apply to the use of the equipment. It probably wouldn't have any weight if they did sue, but it might keep them from suing you if they don't talk to a lawyer.

Answer 3

Selling a used product usually implies you accept responsibility for whatever happens once the product is yours.

Companies typically have to abide by a different set of rules.

Nevertheless you should always say SOLD AS IS when selling a used product to clear yourself of any potential liability.

Answer 4

You need to be more specific -- you bought a used cedar play structure -- did someone get hurt or what?

Answer 5

You should have them sign something saying that item is being soled "as is". There's not much they can do other than try to sue you, but if you have that, they want get too far. If an injury occurs after they've bought it,, its on them

Answer 6

If you make it clear the buyer is buying it as is - and they assemble it - I would say you are clear from any liability.