Can I Get Sued if Someone Misuses My new Product

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brnldlw

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I have a company that is preparing to bring bows and arrows that are handcrafted to the market. When we sell these bows and arrows and Fred Smith buys one, starts shooting it and puts his eye out or injures a friend, neighbor etc, can my company be sued an found liable due to this person's negligence? Should we include the obvious with the bows and arrows such as instructions for use, how not to use it, that it is not a toy and can seriously harm someone, as well as a statement saying we are not responsible for someone misusing our product? Common sense says that those making the purchase should know these are dangerous and can kill but as we all know that ignorance is bliss. Thank you for any response and assistance with this question.
Thanks,
Brian
 
Glock got sued a few years ago when a neo-Nazi went on a shooting spree using one of its handguns. I don't remember what ever happened or if they were found liable - I think the plaintiffs argued that Glock was selling far more weapons than the legitimate non-criminal market could bear, so they basically had to have known they were selling to criminals.

As far as your situation: you can't be liable for another person's negligence. You can only be liable for your own. The question in your unfortunate scenario will be whether you in any way contributed to the harm suffered by the victim of dumb ol' Fred Smith by not putting warning labels on your bows and arrows. You should check if there is any government regulation of the industry - it might provide some guidance on what if any labels to put on. You should also get an opinion from a lawyer about how to protect yourself from liability in this situation.
 
One key thing to remember is that anyone can sue anyone else for most anything ... suing is easy - winning takes something more.

As Dee-dub suggested you might consider speaking to a lawyer that specializes in product liability law so you can take steps to mitigate your exposure to the dumb acts of others.

- Carl
 
Thank you guys for the input. I spoke with several people and I get many different answers and opinions. One thing I did look in to was warning labels. I checked bb guns and they have warning labels all over the packaging and I would assume in the owners manual as well. I believe that no matter what steps you take as far as warnings, labels, etc. that if someone is going to sue you they are going to sue no matter what steps you take. As was pointed out though winning is a different matter. We are very comfortable with the quality of the product and feel there will be no issues as far as someone getting hurt by using the bows. Our concerns are all the potential idiots who may purchase it and misuse use. I have been researching gun and bow manufactors to see if they had been sued due to someone misusing their products. Any other input will be greatly appreciated and thank you to those who have already offered their input.
 
Have you checked with any of those manufacturers (of bows and similar products) to find out what kind of warnings or admonitions they provide?

This is why it is best to get advice of legal counsel when entering into a commercial endeavor. Plus, laws might vary by state with regards to product liability, so there might be different things you have to do or SHOULD do if your product is sold in states outside your own.

This is not something I would recommend you do yourself. If you miss even something simple, you could find yourself on the losing end of a lawsuit simply because you failed to adhere to a regulation that may have had no end effect on the precipitating event that landed you in court.

- Carl
 
I am putting a list together for local attorneys. I agree I need to check with them to be sure. I can not find any government regulations but that does not mean that they do not exist. I did notice on some of the bb gun packaging it had warning labels specific to California which like you said shows the laws vary state to state. It is funny that you have a great product and want to bring it to market, but since there are so many idiots in society today that you have to cover all your bases to protect yourself and your product before introducing it to the public. Just like the warning labels and instructions on a bottle of shampoo. Most of us know how to use shampoo but due to the select few they are required to put warning labels for people to not eat or drink it as well as instructions that you should rinse, lather, and rinse. All it takes is for one person to misuse your product and your company and product are ruined and your dreams are dashed. All because common sense was thrown by the wayside. This is an interesting topic though and I have learned a lot and am sure I will learn a lot more down the road.
Thanks,
Brian
 
Google Lawn Darts and see what happened to them

When you market somthing pointy and it's not a pen or pencil
there's gonna be problems
 
We actually have a concept in place with that. We hope to see this project across America when we are done. We'll see what happens.
 
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