Legal protection from selling pcbs

[wkbdgeorge]

Hi, I was hoping some of you might have an insight on the pcb market.  I am looking to eventually sell a pcb design that includes tube circuitry.  It would just be the board with a parts list and maybe an instruction manual.  It wouldn't be a kit, just the board.  I was wondering.....  What kind of protection does one need when selling this type of product?  Do you need to incorporate?  Do you need insurance?  Will a waiver of liability be enough to protect yourself from someone buying your board, building it wrong, and then suing you for damages?  I noticed Drip electronics just has that agreement that you have to agree to before you enter their site.  Is that all you need? 

Thanks!!

-George

 

[Rochey]

I would be nervous with anything that had voltages higher than 30v.

 

[sahib]

Waiver of liability will not stop anybody suing you. In fact you can not stop anybody taking legal action against you as the decision is not in your hands. However, you can protect yourself against any legal action by taking out a product liability insurance. You clearly tell the insurance company of what your product is. If they cover you for it then you are safe. In case of any claim they will deal with it and it will not cost you in legal fees. But if you do not have insurance then even if you have a written agreement with the purchaser they can still take legal action against you. They may lose the case when it gets to court but the issue is they can still take you to court. If you win, then to recover your costs you have to take legal action against them.

So cut long story short the easiest route is to take out a product liability insurance.

 

[[silent:arts]]

I have sold more than 1000 PCBs for tube projects, and some hundreds of high voltage PSU transformers.
Without any insurance, and without any legal actions against me.

Since I live outside the states it might be too much work trying to sue me for americans,
and in germany we have a different suing culture ;D ;D ;D
I would never come to the idea suing - let us say Mouser - for selling me a PSU transformer, me building it in a case, and getting shocked since I do a mistake.

But if it is a problem in the states, do it like Drip and call it artwork.
I really love this:

Drip Electronics designs and creates circuit boards which are primarily ART but can function as electronics. As such, Drip is held harmless from any harm or damage which might occur to individuals in the use or function of any Drip product.

 

[gemini86]

That drip quote wouldn't fly in court if their product was found to be faulty in some way... as clever as it may seem. Just like you can't sell fire-crackers and call them paper mache. When somebody sues because they blew their hand off (because their an idiot) you cant say it isn't a firecracker, when clearly it is.

A burglar successfully sued a home-owner because he fell through his skylight onto the kitchen counter and was stabbed by a knife, laying on the counter, AS HE WAS BREAKING INTO HIS HOME... If you do business in the
US, plan to be attacked by a-holes with greedy lawyers. Get insurance.

 

[ChrioN]

A burglar successfully sued a home-owner because he fell through his skylight onto the kitchen counter and was stabbed by a knife, laying on the counter, AS HE WAS BREAKING INTO HIS HOME...

We have all heard that story. But is it true?

 

[gemini86]

I wouldn't doubt it... our legal system is ridiculous.

That may have been a radical example but it's still worth getting insurance if you're going into any type of electronics business.

 

[JamesW]

If one is thinking of suing the fact you have insurance makes it easier for them to get paid. Don't get insurance our own anything and put the your pcb earnings in small bills ready to hide at a moments notice.

 

[gemini86]

?

maybe this question is best answered on a small business forum, maybe talk to a lawyer. I'd hate to see somebody burned because of extremely poor advise.

 

[Wagtbtoobz]

I have sold more than 1000 PCBs for tube projects, and some hundreds of high voltage PSU transformers.
Without any insurance, and without any legal actions against me.

Since I live outside the states it might be too much work trying to sue me for americans,
and in germany we have a different suing culture ;D ;D ;D
I would never come to the idea suing - let us say Mouser - for selling me a PSU transformer, me building it in a case, and getting shocked since I do a mistake.

But if it is a problem in the states, do it like Drip and call it artwork.
I really love this:

Drip Electronics designs and creates circuit boards which are primarily ART but can function as electronics. As such, Drip is held harmless from any harm or damage which might occur to individuals in the use or function of any Drip product.

Hmmm, 'makes me remember this story of a microwavesoven manufacturer who added "don't use this aparatus to remove water from your pets after the bath" .."  :

 

[JoleFIN]

agh how sick is the system in the states? 

 

[okgb]

It wouldn't help sales and add more work , but if people signed a disclaimer first ?

I suppose you could publish the info separately and if you were simply to
sell the board with No intention , then it's up to buyer , wink wink to link
it to the info , . Someone could hook up A.C. to anything and hurt themselves
or the fringe element could find you anywhere
Tough call , generic warning  " The inclusion of High voltages creates potential for harm " ?