eBay

better-buy-batteries · ‎01-10-2020

I sell energizer and duracell AA batteries, i have recently thought of this scenario: a buyer gets injured by a exploding/leaking battery or from misuse (although highly unlikely) then i get sued. whats my liability with this? could a buyer sue me for 10k even if its there fault or would they have to make a claim with Energizer/Duracell. What are precautions i need to take to avoid this? do i need a licence of some sort? I just do this on the side for some extra cash and have a day job, do i need permits or have a busniness licence to be doing this?

turquoisetulips · ‎01-10-2020

I'm no expert but I don't think you could be held liable in the scenero you suggested . IMO it would be up to the actual manufacturer . Seems that it's always the manufacturer who is held accountable when something goes wrong with their product . It usually ends up in a recall if its more widespread . However if this really concerns you and just to be on the safe side getting a bit of insurance might be the thing to do . Tulips

patd3283 · ‎01-10-2020

People always look for the deepest pockets to sue.

Suspect that would be the manufacturers.

turquoisetulips · ‎01-10-2020

True ,, The OP can probably just consider themselves the '' turnip ''

mam98031 · ‎01-10-2020

Unlikely. But it is also unlikely that anyone here is going to be able to give you accurate LEGAL advice. At least not that you should bank on.

mam98031 • Volunteer Community Member • Buyer/Seller since 1999

gracieallen01 · ‎01-10-2020

Any person can sue anybody for anything. That is what a court and the law is for - to determine where fault and responsibility rests. It is going to depend on situation and circumstances.

Not saying 'NO' doesn't mean 'YES'.

The foolishness of one's actions or words is determined by the number of witnesses.

Perhaps if Brains were described as an APP, many people would use them more often.

Respect, like money, is only of 'worth' when it is earned - with all due respect, it can not be ordained, legislated or coerced. Anonymous

southern*sweet*tea · ‎01-11-2020

https://www.ginsberglaw.com/blog/2016/12/who-is-liable-when-a-lithium-ion-battery-explodes.shtml

"Assigning liability for a dangerous and defective battery isn't an easy task. Anyone in the supply chain, from the manufacturer of the battery to the manufacturer of the product that used it could bear some responsibility. Distributors and merchants may also share part of the blame. If you used an aftermarket battery to replace the original battery for some reason, don't assume that you don't have a case without talking to an attorney first. The product manufacturer might not have adequately warned consumers about the dangers associated with aftermarket replacement batteries, and the company that sold you the aftermarket battery may also be partially liable."

https://www.nolo.com/legal-encyclopedia/defective-product-liability-claims-who-29606.html

"All Parties in the Chain of Distribution

As a general principle, you want to include any and all parties involved in the chain of distribution (the path that the product takes from manufacture to distribution to the customers) of the injury-causing product."

It appears that yes, the seller can be sued.

The easier you are to offend the easier you are to control.

We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did. - Thomas Sowell

coffeebean832 · ‎01-11-2020

There was a chat about business insurance- https://community.ebay.com/t5/Weekly-Chat-with-eBay-Staff/Live-Broadcast-amp-Chat-July-11th-from-12-...

You may or may not find useful information there as this topic was addressed. You should consult an attorney for an answer to your specific situation.

luckythewinner · ‎01-11-2020

whats my liability with this? could a buyer sue me for 10k even if its there fault

You are conflating your liability with the buyer's ability to sue. The two are not really related. The buyer can sue whoever he wants - he could sue his mother for not raising him correct if he wanted to. As for liability ... unless you are selling damaged batteries, I doubt there is a liability to reselling them.

What are precautions i need to take to avoid this?

There is no reasonable precaution you can take to prevent someone from suing you.

do i need a licence of some sort? do i need permits or have a busniness licence to be doing this?

As far as selling batteries specifically, not that I am aware. But you amy want to check with your state to find out who is required to obtain a business license. Also, I believe the USPS has retrictions about mailing batteries that contain lithium or mercury.

turquoisetulips · ‎01-11-2020

Unlikely. But it is also unlikely that anyone here is going to be able to give you accurate LEGAL advice. At least not that you should bank on. mam

Yes , in this event a lawyer is the best place to go for advice . However a person seeking damages should also take into account the person's ability to pay . If they are dirt poor but found liable,, actually getting any worthwhile money could take years in fact it may never happen. Tulips

a_c_green · ‎01-11-2020

@better-buy-batteries wrote:
I sell energizer and duracell AA batteries, i have recently thought of this scenario: a buyer gets injured by a exploding/leaking battery or from misuse (although highly unlikely) then i get sued. whats my liability with this?

If you can get an Energizer or Duracell battery to explode, then you are way more creative than I am. Probably the most... volatile?... batteries would be the Lithium ion designs, and even then you should be fine by observing the packaging and shipping restrictions regarding how you should ship those to the buyer.

As others have noted, people can sue for anything or nothing at all, but you are far more likely to be sued for a motoring mishap in your own neighborhood than by selling something on-line in good condition and shipping it to the buyer. If you're not manufacturing the batteries yourself, then you won't have the deep pockets that a contingency-fee attorney would be sniffing for.

Bottom line: if you're not comfortable with selling batteries, then don't sell batteries. No harm in staying with whatever items you are more comfortable with. However, your biggest, most likely risk with battery sales would be the same as that for any other popular product: buyers claiming empty boxes, returning their old ones, etc. Risk is relative, and what you fear most is not necessarily what's most likely.

twnpopcards · ‎01-11-2020

@better-buy-batteries wrote:
I sell energizer and duracell AA batteries, i have recently thought of this scenario: a buyer gets injured by a exploding/leaking battery or from misuse (although highly unlikely) then i get sued. whats my liability with this? could a buyer sue me for 10k even if its there fault or would they have to make a claim with Energizer/Duracell. What are precautions i need to take to avoid this? do i need a licence of some sort? I just do this on the side for some extra cash and have a day job, do i need permits or have a busniness licence to be doing this?

Basically anybody can and usually will sue anybody and everybody they can when something bad happens to them, even if its totally their fault. What it then comes down to is whether a jury will believe their story and hang a large or even small judgement on you. I know I am in the minority by a long shot, but I have never sued anybody in my life and hope to never have to. I accept when something is my fault and luckily when it has not been my fault I have been able to work out a solution with the other party that takes care of me and makes me whole again.

If you are worried about being sued for something you should probably contact your insurance agent or if you do not have one, find one and talk over your potential liability and take the proper steps to protect yourself. Although this is not exactly what you were talking about, it appears that the government is taking steps to hold online sellers more accountable for what they say and represent. Here is the article I am referring to:

https://www.ecommercebytes.com/C/abblog/blog.pl?/pl/2020/1/1578372981.html

7606dennis · ‎01-11-2020

My advice would be to consult an attorney competent in product liability law. I would also suggest that you make sure that you have adequate liability insurance for your business.

"It is an intelligent man that is aware of his own ignorance."

better-buy-batteries · ‎01-11-2020

Interesting link, but i can proudly say that i only ship 100% real products, as i get them energizer and Duracell authorized distributors only, i also call energizer and Duracell to make sure the distributor really is authorized.

mr_lincoln · ‎01-11-2020

@better-buy-batteries It depends on the law suit ... they would try to get as many names of people or companies on the case as possible ... eBay would be included since it's their venue, you would be included because you are the Seller of record and the battery manufacturer would be on it too. It would be a lengthy process ...

Regards,
Mr. Lincoln - Community Mentor