So I sell a certain product that could potentially hurt people when they use it. It's not supposed to hurt them, but when children misuse the product it could lead to a disaster. I'm curious as to how to avoid getting in trouble, getting sued, and customers returning or asking for refunds.
Just put together a really healthy disclaimer, you might consider hiring a lawyer to write one for you if the product is worth it.
You cannot stop yourself being sued even with disclaimers; if there is any reasonable chance of it happening then get yourself insured to cover the cost of defending any actions.
Grr really? This is really disturbing, this could bring my business to a halt. Any recommendations of where to research this insurance?
There is one interesting aspect of asking questions in public and not just to your attorney. You have expressed knowledge of the danger that your item can cause injury and in fact state "but when children misuse the product it could lead to a disaster" and "product that could potentially hurt people when they use it" What this does is put you in a position, should someone get hurt, that they can argue and you can't deny, that you know full well of the danger your product posed and sold it anyway. What are you doing to make sure children don't use this product? Do you verify age before selling, do you have adequate warnings? (these are rhetorical questions - I do not care). But, posting this thread has done nothing but increase your potential liability for an injury.
There's no reason to sound so smug, saying that people could get potentially hurt when using it was a bit off the mark. The only way someone can get hurt with it is if they misuse it, that's the only way. I have do have guidelines to using the product, and do place warnings.
Cigs have warnings on the packs of smokes. People ignore them all the time. There is a strong chance that they will get lung cancer if they keep smoking. Does this stop them from smoking, no! It does limit the liability to cig compaines once they drop dead of lung cancer...you cant say the smokers were not warned....
You don't say where in the world you are nor if you are making the item or just reselling it. If your creating it then you need to look at Public Liability and Product Liability, if its just as a reseller then Public alone should do but your insurance broker should advise you.
I'm from the New York City area. This year I will have a manufacturer making the product for me. I will look into the Public Liability and Product Liability service, Thanks.
Put it as warning as in misusing it can harm,nothing is wrong in marketing it as far as it is effective
I suppose the big difference here is that cigs harm when used properly, not when they are misused. You may be worrying too much. Many common and everyday products are harmful if not used correctly such as guns (deadly when used correctly OR misused), household cleaning chemicals, nuts & seeds (if people have an allergy), petrol, electricity, ladders, alcohol, power tools, prescription drugs etc etc etc. I'm not attempting to downplay any potential liability or danger but I do want to make the point that many products that people buy every day have dangerous or lethal consequences if misused. You must consult an attorney, and as others have suggested you will probably require product liability insurance. Of course, if what you are selling is illegal that's a whole different story.