Legal Question in Personal Injury in Indiana
Protect the seller
I am not a business or corp.,just a guy designing and making things from my garage.If I sell someone something via the internet or yard sale and they hurt themself with that item,can they sue me?
2 Answers from Attorneys
Re: Protect the seller
Yes they can definitely sue you. There are a number of strategies that may be available that will insulate you from personal financial liability. However, the detail necessary is beyond what this forum can provide. You should contact an attorney. You can also contact me if you wish.
Good luck.
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Re: Protect the seller
The answer can vary from state to state. In most states, you have to be a manufacturer regularly engaged in the business of manufacturing objects distributed into the stream of commerce to be held liable in strict liability, which means someone can sue you and win if you put a defective, unreasonably dangerous product into the stremam of commerce (even if you weren't negligent in the design or manufacture of the item). Nonetheless, in all states (I believe) you can be held liable in negligence if you were unreasonable in the design or construction of the object, even if you are not a regular manufacturer of such items. Remember, someone can always sue you for anything. The real question is whether you can be sued successfully. You can't in your circumstance unless you are negligent in making the product you sell.