Just how liable are we as sellers?

One of my friends brought this up today....

Just how liable are we? As private sellers and not incorporated businesses he thinks there will be problems...

He also asked about insurance if we were sued for someone getting sick (salmonella).


To me these seem like trivial details, but in this day and age trivial lawsuits are commonplace.

I hate to say this but we are very liable. Most homeowners insurances will not cover things that happen by animals. Not to mention that there is no personal accountabllity. Look at the cases against McD. First with the hot coffee, this person removed the lid then got burned, they won. Now with the people that are over weight, I sure hope they lose but I have my doubts. Overall it is just a very trubling. A business that is incorporated it's owners are protected. We as private parties are risking everything. This very subject is one of the best reasons to run your business/hobby above board from day one. Yes there are taxes that must be paid in order to do this, but one frivolous law suit and you have saved all your possessions.

Actually, I believe the hot-coffee case was overturned in a higher court.

-Kat Hall

Go to the link for an example of stupid law suites.

Enter Polanco, J. Look for case number 00CV19386. Read the documents provided. You will see where JoePee sued Paul Newstead for "receiving a sick and infirmed animal" plus court costs and vet bills. (wonder how it really got sick)

JoePee won by a DEFAULT judgement for $800. This only means that JoePEE won becasue Paul never showed up to fight him in court. Some victory. It wasn't from Joepees super legal prowess by any means. To make it even better he furhter went on to garnish it from Pauls wages. Real class act JoePee.


Read some of the wonderful suites JoePee has filed at the link below.

http://www.courtclerk.org/cociw070.htm

Sadly these types of people are everywhere.

So what should/can we do to protect ourselves?

ya i got a dumb case, a night robber is on a ladies roof goin to break in, falls off the roof, gets paralized and sues, and wins 8000$ from the lady, i think that is some stupid sh*t there, i dont see how america lets people get away with this type of stuff, i think its also very dumb how overweight people are trying to sue McD for fat foods, well the people know its bad for them or what cant they read the calories, maybe McD should counter sue for them have a slow matabolism............lol just in my words

Welcome to America

A robber breaks in the glass.....cuts himself....sues and wins.

Another one gets stuck in the garage...had to eat dog foor for a couple days...sues and wins... (the garage door was stuck)

p.s to the robbers coming to my house.
please do so....its been a year since I shot at anything.

I am looking at this from the buyer side. I know that people will sue and do sue for anything from a hangnail to sugar that lumped in the package. Any possibilites of health inspection certificates from vets provided with shipments? Release sheets provided with the animals stating that you are not responsible.
How about a disclaimer that the person agrees to by purchasing the animal from you?
Unfortunately the main protection is the honesty of the person you are dealing with. Sad life is so messed up sometimes.

Candy

A few days ago I bought a Litoria caerulea (yes, a plain dumpy tree frog!) from a local Petco and I had to sign a disclaimer before even going through the cash register.

Regards.

and possibly everything else you own. Continue selling without being protected. The purpose of a corp. is to limit liability. Without it you are operating as an open wound. Their are some people out their who will not hesitate to file suit. These scavengars know how to take advantage of a system that favours the injured party.

I saw this happen about 35 years ago when Salmonella raired its ugly head against individuals who were selling baby turtles. These individuals were not corp. but hard working individuals who were just making a living. They were sued as well as the breeders who incidently were protected by their corp. The worst case for a corp. would be to walk away from the corp. or file for bankruptcy. For the individual who has no protection cannot walk away, but can go bankrupt.

For the couple of hundred bucks, you can sleep a little easier by being ahead of the game and providing yourself and your family with a little added security by incorporating. Respectfully, JERRY TRESSER