Woodworking Business vs Hobby/ Liability Insurance

[Jack Frederick]

Anyone can be sued for anything. I was sued about 10 years ago in a Mesothelioma case. It seems the family of a 92 yr old deceased ship-fitter was so bereaved at loosing their patriarch that the only way they could deal with their grief was to file a meso case. I had a manuf rep company and my partners name was the same as his Uncles. In the 50's his Uncle had represented a company that sold products containing asbestos to the shipyard. It took 7 years to finally get written out of the suit. When we bought the company we did not do a stock purchase. Had we done so, we would have been liable.

As to asbestos, I was an apprentice pipe fitter when in '72 they came out saying asbestos was going to kill me. Growing up, my neighbor was a big Mechanical Contractor and I was slinging pipe when I was 15. My very first job was to take bags of asbestos and pack asbestos insulation of steam pipes fittings. Asbestos was a wonder drug and was, and is, everywhere. Once I found it was unhealthy, at 24, I was very concerned about it. I fretted about it and finally decided that I should look at this mathematically. You know, where two negatives equal a plus. So, I went into the nuclear side of piping and worked a bunch of shut-downs. I now have a half life of my own. I figure the zoomies, what we call the go fast radiation, will off-set the adverse impact of the asbestos. The final tale hasn't been told but so far so good!

[Mark Gibney]

Enjoyed your story Jeff!

[Andrew Joiner]

I was sad and frustrated when I started this thread. I was amazed that young fashionable consumers were raving about a product I designed and willing to pay good money to get it. I was even thinking about getting product liability insurance again and making some good money. It was taking me awhile to get over it, along with the lovers of my product that won't get one.

Then this happened.

A person who was given an expensive sample product for free came over. She asked me to look at it. It looked fine, exactly as it did when it was made. She implied it "felt" different. I assured her that it was made that way. She frowned. Then I remembered that's why I moved more into commercial work the last years I was in the business. I found retail consumers tend to be spoiled by the"satisfaction guaranteed" stores.

It a lot of fun making things people love, but it only takes one unreasonable client to burst that bubble.

[Brad Barnhart]

You just hit the nail on the head, Mr. Joiner! Fortunately, in the 25+ years I've been wood workin', I've never been sued, nor threatened to be sued. But in reading this thread, I've learned a lot.

I can no longer create the heavy things I did years ago due to back surgeries. I can still make cedar chests, things like that, but 95% of what I make is on the scroll saw or lathe. Or small projects I get commissioned to do on the saw.

We've quit doin' craft shows & such bcause I got tired of hearing about how the customer could make that certain item cheaper, or get it at Walmart cheaper. I got so I drew them a map to the nearest Walmart, & told them they wouldn't find what we make in Walmart, & what they did buy there, don't bring to me to fix. Let'em sue Walmart, if'n they got the spine to tie into them!

My bride & I had a long talk about this wood working. Weighed the options of the situation. It's all I have to keep me busy. Keeps my mind & hands busy. Why should I give up something I love to do, hobby or business, bcause folks are broke everywhere, & just lookin' for a dumb excuse to lawyer up & attempt to drag me & my reputation thru the mud? I ain't doin' it.

I lost a 30 year trucking career bcause of stupid laws, I refuse to give up what I have left bcause somebody doesn't think one of my projects don't feel quite right. Sorry for the anger, but our society has become sue happy, & why lose everything you own to somethin' you love to do?

[Bill Dufour]

Do it like the Chineese do...do not put your name or contact info anywhere on the product. Let them try to figure out who made it so they can so them. If some lawyer asks you never made stuff like that and have no idea what they are talking about.
Call the company happy woodworking shop #1776 address july 4th.. Somewhere vile USA

Bil lD

[Osvaldo Cristo]

The answer is that you can always be held liable if the jury and judge decide so... In the USA with the civil tort system as it stands - the principles of unlimited liability and Joint and Several Liability applies.... Which means a plaintiff can sue whoever they want to sue and the judgement will go against everybody who is not strictly declared fully innocent... And the plaintiffs can then collect any or all from whichever defendant they can get it from...

For example - if you give away food and someone gets sick because it was contaminated - you could he held liable.... Soup kitchens routinely have to carry liability insurance and meet applicable food safety and licensing requirements - even though they sell nothing...

Church hospitals were completely driven out of existence for the same reason... You can sue somebody who gives you free care... Liability for injury does not depend on the value of the item...

Exactly. I was to give your example for soup kitchen. The donator has full liability... I think that is an universal rule as it is also law in my country.

I knew an association of big and important restaurants here in Sao Paulo that had for some time a very important voluntary service providing food for disvantaged persons... up to get a legal mess that cost them a lot of money and terrible negative repercursion although the problem was not directly caused by them. Short summary: they closed the association and forgot the help.

All the best.

[kent wardecke]

Exactly. I was to give your example for soup kitchen. The donator has full liability... I think that is an universal rule as it is also law in my country.

I knew an association of big and important restaurants here in Sao Paulo that had for some time a very important voluntary service providing food for disvantaged persons... up to get a legal mess that cost them a lot of money and terrible negative repercursion although the problem was not directly caused by them. Short summary: they closed the association and forgot the help.

All the best.

The donor to the soup kitchen in the USA is not liable. I suppose if they gave food that had been recalled they would have problems. It was a set of laws and policy set in place during the Clinton administration that removed the liability .Without the change the supermarkets would just throw out the day old food and the whole system wouldn't work

[Carlos Alvarez]

At 53, I'm just glad I lived life and participated in all my hobbies openly and without some of the fear expressed here. I think fear and "thinking old" is what drove my dad to start losing his faculties.

[Charles Coolidge]

The donor to the soup kitchen in the USA is not liable. I suppose if they gave food that had been recalled they would have problems. It was a set of laws and policy set in place during the Clinton administration that removed the liability .Without the change the supermarkets would just throw out the day old food and the whole system wouldn't work

Doesn't really matter if you are liable or not, you can still be sued and go broke hiring lawyers to defend you.