Legal Question in Business Law in California

Without doing research, I would say yes to 1, 2 and 3 as I believe the standard of care is higher for children.

As for your second question, I wouldn't attempt to answer this without research.

However, you should be aware that most attorneys would not accept cases like these unless it would be easy to prove that the child's injuries were due to food purchased from your machines. The costs of prosecuting such cases can often outweigh the likely damages.

And check your commercial insurance to make sure it would provide defense and converage for such claims if they came your way. Call your broker first for free advice. Good luck!

It would be up to the plaintiff (injured party) to prove to the judge or jury that you were negligent, by a preponderance of the evidence, and that your negligence caused the injury. I think labeling the peanut-containing candy as such would be absolutely necessary to avoid being found liable for that problem. As to jawbreakers, they are kind of self-labeling.

In short, there are risks in any business. The answers to handling potential liability and surviving in business include (1) insurance; (2) providing clear and visible warnings of forseeable risks to consumers; and (3) doing business as a properly set up and run corporation or LLC.

Candy-dispensing machines are a business with definite and more or less ascertainable risks. So is running a railroad, an amusement park, or an oil refinery. If the business has enough profit potential to warrant buying the insurance and taking the other precautions, go for it. With insurance. With a corporation or LLC.