Starting a Business Liability & Packaging Labels

[nickyb]

I'm starting a business that sells gag gifts, and I'm slightly concerned regarding warning labels. Some items should never be unsealed or kept for an extended period of time. For example, cow poop. The container is sealed and the package will be shipped following the USPS 346.326 Animal Specimen guidelines.

The label will of course state the exact contents of what is inside the sealed container. But I was also planning to print in plain text as the last line of label: "Warning: Store & Open at your own risk."


Legally, would such a warning protect me from any liability past receiving the item by mail; should the recipient decide to keep or open the package?

 

[army judge]

I'm starting a business that sells gag gifts, and I'm slightly concerned regarding warning labels. Some items should never be unsealed or kept for an extended period of time. For example, cow poop. The container is sealed and the package will be shipped following the USPS 346.326 Animal Specimen guidelines.

The label will of course state the exact contents of what is inside the sealed container. But I was also planning to print in plain text as the last line of label: "Warning: Store & Open at your own risk."


Legally, would such a warning protect me from any liability past receiving the item by mail; should the recipient decide to keep or open the package?

If you find a person DUMB enough to exchange good money for bovine fecal matter, you'll find one dumber that must open the package (warning be damned) just to sniff it, see that's it really bovine fecal matter. From that point forward, no telling what happens next.

Okay, I'm not so sure that your interpreted the USPS regulations about mailing fecal matter.
The transportation of fecal matter is regulated by the Department of Transportation, not the USPS.
The USPS simply implements their rules to conform with DOT rules and regs.

http://pe.usps.gov/text/dmm/c023.htm

You might want to avoid trekking down the old Poop Trail.
The journey won't be as rewarding as those who trekked the Silk Road, or the Old Chisum Trail.

I'm sure there are better amd safer "gag" gifts for the amusement, not the infection of the masses. LOL

 

[nickyb]

Thanks I see your point. But poop in that quantity is surprisingly not classified as a hazardous material and for my purposes would not be regulated by the department of transportation.

In general, how much power do warning labels and disclaimers have with mitigating liability? I remember years ago a McDonalds customer spilled their coffee, burned them self, and sued. After a settlement, McDonalds ended up adding something like "Warning: May Be Hot" on their cups. I don't believe there have been any of the same cases since, so it must carry some weight?

 

[army judge]

Thanks I see your point. But poop in that quantity is surprisingly not classified as a hazardous material and for my purposes would not be regulated by the department of transportation.

In general, how much power do warning labels and disclaimers have with mitigating liability? I remember years ago a McDonalds customer spilled their coffee, burned them self, and sued. After a settlement, McDonalds ended up adding something like "Warning: May Be Hot" on their cups. I don't believe there have been any of the same cases since, so it must carry some weight?

McDonald's did put warning labels on their cups, true.
That's not why the burn incidents went down, however.
Mickey D also turned the thermostat down on its "hot" coffee, making it effectively "warm" coffee.
The "apparent: cause is not always the "actual" cause, insofar as "cause and effect" are concerned.

Let's just say that warning labels alone can't absolve any merchant or manufacturer of all liability if something does go awry.
Take a look at any ticket you receive from a dry cleaners.
If they destroy your new $1,000 wool blazer, that ticket "Mission Impossible warning" alone won't absolve the owner of liability for the loss you've suffered.

Only governments can get away with breaking or killing it, and not being forced to pay for it.

The rest of us, well, we have to defend vigorously, and that doesn't always work.