Product Liability Insurance

[mag-erad_waterheater_cleaner_delimer_descaler_humidifier]

This should be an Ebay Policy, but certainly I believe one we should be aware of due to the ease of law suits that pull in everyone in the supply chain.  

When products are sold, improperly made clothes, not fire **bleep**ant, or choking hazards or recalled items, or plug in items that may be defective designed, and imagine selling so many items that are not protected by product liability insurance, legal rights are not a certainty. Could the seller be held responsible. I don't know. I do know there is a lot of impossibly low pricing in my opinion if liability insurance is properly purchased by the manufacturer. Ebay has no policy I know of checking for product liability insurance. Imagine if anything we sell does a bad thing such as choke a child, and you find out as they come after you/us. the product is uninsured.  Is that the end of all our possessions and lifelong payments?  I only sell what I know is protected by product liability insurance.  Do You?  Does Ebay demand proof from manufacturers of listed products? There should always be a 1 - 2 million dollar Product Liability Policy or it's potentially on you and Ebay if a smart lawyer looked at this subject as one day one will. I'm not a lawyer but I do know the importance of the right insurance.

[mag-erad_waterheater_cleaner_delimer_descaler_humidifier]

They would be responsible. Let's suppose they don't have it.  Who is responsible? I don't know we have a precise legal opinion.  I make sure if I sell it there is confirmed product liability insurance. It's an if then. If they do not have Product Liability Insurance and for example that faucet floods the 6 stories of a condominium building, who is next in line. It's the specificity that has not been given a legal opinion to all of us. We might assume what we would hope for. 

[mag-erad_waterheater_cleaner_delimer_descaler_humidifier]

That opinion may be spot on.  In Court, I have witnessed Lawyers and Judges saying, show us the Case Law rthat agrees with the opinion you offer.  Do you have a Case where the Courts that have Jurisdiction have found sellers cannot be forced to appear in Court nor be made to pay for legal representation should a buyer show damages, and the seller sent out a product minus Product Liability Insurance to cover the damages. For example, someone sells all of us a car paint wax. We put it on and it burns off the paint. The paint repair is 8750.00. The wax maker has no product liability insurance. They are long gone or just shut down. Would we each pay $8750.00, perhaps there are 10 of us, so $87,500.00 to repair our destroyed paint. If not, what is our next person to bring to a Court? Who pays for their lawyers?

[fab_finds4u]

Have you heard of buyer beware? Research before you buy.

The seller or eBay is not responsible for subsequent damage caused by a faulty product.

[simba6]

As we speak there could be a child with a Lego stuck up their nose.  Yes, a lawsuit waiting to happen.

[kensgiftshop]

If you keep adding statements like this in your descriptions, don't think you'll have to worry about Ebay for very long.

"Buy some Mag-Erad from Menards (6831000) or here"

[carlmarxx]

 What if there was  product Recall   by the manufacture  of the car wax  .  And product doesn't get  completely emptied  of  the shelfs .    

[sin-n-dex]

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@mag-erad_waterheater_cleaner_delimer_descaler_humidifier wrote:

This should be an Ebay Policy, but certainly I believe one we should be aware of due to the ease of law suits that pull in everyone in the supply chain.  

When products are sold, improperly made clothes, not fire **bleep**ant, or choking hazards or recalled items, or plug in items that may be defective designed, and imagine selling so many items that are not protected by product liability insurance, legal rights are not a certainty. Could the seller be held responsible. I don't know. I do know there is a lot of impossibly low pricing in my opinion if liability insurance is properly purchased by the manufacturer. Ebay has no policy I know of checking for product liability insurance. Imagine if anything we sell does a bad thing such as choke a child, and you find out as they come after you/us. the product is uninsured.  Is that the end of all our possessions and lifelong payments?  I only sell what I know is protected by product liability insurance.  Do You?  Does Ebay demand proof from manufacturers of listed products? There should always be a 1 - 2 million dollar Product Liability Policy or it's potentially on you and Ebay if a smart lawyer looked at this subject as one day one will. I'm not a lawyer but I do know the importance of the right insurance.

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I work in liability insurance industry, and there are lots of home insurance and condo insurance policies that will not cover someone if they have a home based business (without a CGL in place). I had a similar row with my home insurance over my eBay selling (now that I have some of my own inventory and am not just operating out of the B&M store, which I was doing when I got the policy 5 years ago).

It was an uphill battle to talk to someone who would consider covering me for home insurance with eBay selling going on. Some would put a CGL in place as a rider on the policy, but they stipulated "no international" (out of Canada) sales, I'm in Canada BTW.

Anyway I found a company that would cover me on account of there being no deliveries to my address, no people coming to my house to pick up merchandise, no showroom in my livingroom, etc. They just said eBay inventory is not covered for loss. And there's no CGL, but I don't make my product. If someone doesn't like the stamp or coin, eBay makes me liable to refund. That's all.

C.

[carlmarxx]

The toy collectors  market  is  interesting   when it comes  to Toys  that get recalled  do kid safety issues , Because  these are the top collectors items do to lack numbers of both complete lose  and factory  mint sealed  of  the Original  production  run   that survived the recall  .   where  as replaced safety  versions  are worth less . .   for the adult collector .  

[sin-n-dex]

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@bonanza125 wrote:

What about marketing defects? If a seller says a product is brand new which it really wasn't and then causes damage? Guess what a lawyer will have a sellers named in a lawsuit. 

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In liability insurance where I work, we regularly send out letters to companies who make things that caused fire/damage to someone's home and demand reimbursement for the claim. I laugh when those letters are being sent to China. But as procedure we have to send them out. As reality, if it's not within Canada, we will probably never be reimbursed for what we paid our customer.

C.

[carlmarxx]

Yea! A lawsuit maybe waiting to happen ! However Lego  Lawyer 's   will win it because  the company makes age appropriate Set's  and isn't their fault that parent was lazy and bought wrong set .   

[sin-n-dex]

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@mag-erad_waterheater_cleaner_delimer_descaler_humidifier wrote:

That opinion may be spot on.  In Court, I have witnessed Lawyers and Judges saying, show us the Case Law rthat agrees with the opinion you offer.  Do you have a Case where the Courts that have Jurisdiction have found sellers cannot be forced to appear in Court nor be made to pay for legal representation should a buyer show damages, and the seller sent out a product minus Product Liability Insurance to cover the damages. For example, someone sells all of us a car paint wax. We put it on and it burns off the paint. The paint repair is 8750.00. The wax maker has no product liability insurance. They are long gone or just shut down. Would we each pay $8750.00, perhaps there are 10 of us, so $87,500.00 to repair our destroyed paint. If not, what is our next person to bring to a Court? Who pays for their lawyers?

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Canada specific - you file a comprehensive claim with your auto insurance who will pay for your new paint job and they will demand reimbursement from the makers of the car paint wax. However if that company is long gone out of business or bankrupt, the auto insurance company is on the hook for the payment and sees no money in subrogation. Then they raise your premiums on your car insurance for the next five years to cover your claim.

C.