Legal Question in Business Law in New Jersey
Starting a partnership furniture sales business, can we be sued?
I'm selling furniture from a company through a catalog. Customers pick out and pay for furniture,we order and pick up furniture and deliver to house. The furniture comes unassembled and in boxes from the company. the customer assembles the furniture themselves. Can my partner and myself write up a form that the customer can sign, that does not hold us responsible for someone getting hurt if the furniture is faulty or breaks? If we can be held responsible, what else can we do to protect ourselves?
2 Answers from Attorneys
Re: Starting a partnership furniture sales business, can we be sued?
Simple answer is yes. You need to add a paragraph to your invoice/receipt for the furniture and have the customer sign it when the furniture is delivered. It would acknowledge that you are just the independent sales person with no knowledge of the quality of the furniture and that the customer will not hold you responsible for any injury or damage caused by the assembly or use of the furniture.
You should see an attorney to get the exact legal language. If we can be of help, please call for an appointment. Good Luck.
Bernie Berkowitz
973-808-2003
Re: Starting a partnership furniture sales business, can we be sued?
1. Your question is very astute. It is appropriate to consider your liabilities especially when starting a new business. For further information on this, see the "Client Needs" tab on http://www.corbettlaw.net/
2. You could draft around this liability. This does not guarantee that you will not be sued; it simply puts you in a stronger position.
3. My advice is to form a relationship with a lawyer experienced in business. You have forseen one liability. There may be others. Adding appropriate terms to your sales contracts is a very cost-effective way of limiting your exposure. Experience is a very hard teacher because she always gives the lesson after the test. If you are engaged in repeated transactions based on the same form, get a professional to review the form and sleep well.
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