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Liability question? |
I'm a member of a neat organization called freecycle.org where people share things they no longer need with others who may have use for them. The scooter is not defective in any way that I'm aware of and I'm not SELLING, I'm GIVING it away. Thanks for everyone's input so far. I appreciate it. For selling it, no. You're not guaranteeing anything at all, so once it's out of your hands, it's her problem. I'm a member of freecycle too, and i think somewhere on the site they have a lot of this stuff listed, otherwise people would be suing left and right. Someone would have to prove that you could foresee the the harmful act. It's a scooter, the parents would have to have an assumption of risk that kids can get hurt on scooters. However, if you know the scooter has problems that could put the child at a greater risk you could be liable. There is no release that can waive someones rights to sue. Follow your gut. If you think that someone would be litigious, steer clear. In order to prevail in a lawsuit against you, someone would have to show that you were negligent in some way. Do you have some reason to believe that this item is defective in some way? If so, you simply need to tell the person to whom you are giving the scooter of any defects that are known. If you know of none, it wouldn't hurt to mention to her that protective gear should be worn when using a scooter but it seems unlikely that would be subject to any liability for giving away a scooter. someone would have to prove that it harmful to hold you liable. |
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