hipgnosis93
New Member
This is a hypothetical question, no injury has occurred. I am in New York City, but I plan to sell something across state (and international) lines.
I recently purchased some rusty barbed wire on ebay from a seller in another state (this is a store who sells this on a regular basis). The barbs are not too sharp (being dulled and rusty with age), but could conceivably cause damage if handled recklessly.
My purpose in using the barbed wire is artistic. I'm trying to create a series of art pieces that will use small amounts of the wire attached to a small container. It will be able to be handled and opened without needing to touch the barbs.
However, friends of mine are concerned that selling such pieces would be a problem to ship using USPS, and open me up to injury lawsuits. This seems strange since I was able to buy the materials and have them shipped to me.
To combat this, I thought of only selling the items directly, making buyers digitally sign a disclaimer stating they are over 18 and releasing me from any liability in case of injury due to carelessness or misuse. Furthermore, I'd pack the item in bubblewrap and place a warning label on the outside.
The same friends allege that such warnings would constitute an admission that the piece is hazardous and would be even more damning if a claim was made against me. I find this hard to believe.
Anyone know of any laws or precedents that would apply here? Or are my friends being overly cautious?
I recently purchased some rusty barbed wire on ebay from a seller in another state (this is a store who sells this on a regular basis). The barbs are not too sharp (being dulled and rusty with age), but could conceivably cause damage if handled recklessly.
My purpose in using the barbed wire is artistic. I'm trying to create a series of art pieces that will use small amounts of the wire attached to a small container. It will be able to be handled and opened without needing to touch the barbs.
However, friends of mine are concerned that selling such pieces would be a problem to ship using USPS, and open me up to injury lawsuits. This seems strange since I was able to buy the materials and have them shipped to me.
To combat this, I thought of only selling the items directly, making buyers digitally sign a disclaimer stating they are over 18 and releasing me from any liability in case of injury due to carelessness or misuse. Furthermore, I'd pack the item in bubblewrap and place a warning label on the outside.
The same friends allege that such warnings would constitute an admission that the piece is hazardous and would be even more damning if a claim was made against me. I find this hard to believe.
Anyone know of any laws or precedents that would apply here? Or are my friends being overly cautious?
