Re: Liability...the thread that will not die..

["Tesla list" <tesla-at-pupman-dot-com>]

Original poster: "Jim Lux by way of Terry Fritz <twftesla-at-qwest-dot-net>" <jimlux-at-earthlink-dot-net>


> Juju statistics if I'v ever seen them! What is the simularity of a surgeon
> doing a tripple bypass and a 12 year old accidentally shooting his 4 year
> old brother? What did guns have to do with the liabilty issues of
> "expiremental" HV equipment?

I used it the example illustrate the commonness of gun ownership compared to
the unusualness of HV equipment.  Lots more literature, case law, practical
experience to aid a court in deciding what's reasonable with a gun. Not so
much for HV equipment (particularly sold sight unseen mail-order).

>
> Like they say: apples and oranges
>
> Bottom line (IMHO): If you sell HV kits (disasembled TC) or other
> potentially dangerous equipment, just have the buyer sign a "end use
> statment" or a "hold harmeless" statement. I sign those all the time while
> purchasing chemicals...
Some BIG differences that I see:

1) That agreement is with a large company which is in the business of
selling lots of chemicals to lots of users (i.e. not an unusual product nor
an unusual transaction).  I dare say you don't really have a chance to
negotiate that hold harmless agreement, which makes it of dubious value if
it were to differ from "standard practice".  If you did negotiate it, it's
hardly like a "shrink wrap liability disclaimer" for an ebay hv equipment
sale:  you clearly have read and understand it.

2) You probably are standing at the counter when you sign it, or you are
portraying yourself as a business.  The local chemical supply places around
here will NOT sell to a private person by mail order for just this reason.
A business with a purchase order or even an order on letterhead will work,
because it is a business to business transaction, but private person sales
must be over the counter.

3) The seller is a moderate large enterprise with commercial insurance, etc.
which generally doesn't apply to the casual seller of HV gear over the
internet