"Liability"

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KOTA

KOTA

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Okay, personally I won't sell a bike that I've changed or altered the ORIGINAL front forks, or if I changed the geometry of the frame in any way (that's why I have a cellar full of bikes). I don't want to be held "responsible" if anyone where to get hurt. I know some people have the buyer sign a waiver, stating that they won't be held liable, in case of a failure. But I'd hate to see if that holds up in court. What if someone OTHER than the BUYER gets hurt (because of a failure or design flaw)? Does this concern anybody else? Do you think about this when you sell a bike?
 
Personally, I do not! But whenever I have built a bike, it has been for me and tipping the beam @ 235 + or - if it holds up from the torture I put it through I figure I am golden! :lol: Heck, the cheesy Wally World bikes have a disclaimer on them that cuts off @ 300 lbs. And they scare me worse than my worst build! :shock:
 
Well as a reformed lawyer, the thought of liability has crossed my mind. But I think the risk is low. The injured party might bear all of part of the fault for any injury, or a third party might be responsible. The injured party would probably be better off going to the manufacturer of any part that failed which might be hard to do if we're talking about a Shelby or an Elgin.

Most of us have sold used cars and not asked for any type of waiver of liability. I wouldn't think it would be real necessary to get a waiver for selling a bike.
 
ya know ive thought about this too from time to time. im just gettin ready to sell my first bike on CL tomorrow and thought, i guess this will really test my bike building skills. i guess in your for sale ad you could post a disclaimer stating that the bike is sold in as is condition and that the seller takes no responsibilities for anything that happens to the bike after funds are switched hands? but then it kinda makes it sound like something IS wrong with the bike when its really not. i dunno.... :? my 2cents worth

Easy E
 
Wow never even crossed my mind. Do you mean if something were to fail on it?
Would that also go for the people you let ride your custom made/altered bike and crash with no mechanical failure?
What about just a regular bike? They crash get hurt. Can that come back on you also?
I had a guy ate it hard on my chopper I made. Blood and all. He was more concerned with my bike then himself. I was the other way around. I can fix my bike. So should I not let people ride my stuff?

Very good question. Is this another case of being nice coming back to bite you? In this lawsuit happy world It won't surprise me on bit to find out I am liable for their injuries from crashing my stuff.

Any one a lawyer or going to law school in the group?
 
my dad did always tell me when i was growing up not to ride anyone elses bike or to let anyone ride my bike!!!

Easy E
 
Whenever I sell a bike I point out that it is in used condition and as such is sold "as is" with no guaranty of any kind. However, I find it important to let the buyer know that this doesn't prevent me in any way to sell him a bike that I have thoroughly inspected and that what needed fixing was fixed to the best of my knowledge. Never had one return so far.
 
I suppose that anyone can sure for just about anything really, which is why, when I open my business I will have all the necessary insurance i can afford. Thats a small part of why I got out of the real estate biz, very litigious line to be in, even if you have done everything ethically/morally correct, and properly documented. When the market turned i took it as a sign from above that I should pursue other interests.

I am interested in knowing what the limits are concerning this manner.
 
when i sell a bike i use a few words"i didnt do it" and 'it wasnt mine"lol! everything is sold as is. look it over and make sure you want it. after you pay, it is yours and i am not responsible.
 
I'm not talking, so much, about (stock) bikes that you "flip". I'm talking mostly about bikes, lets say, from RRBO3. The big thing was, who could come up with the most ingenious fork (and they were all beautiful). Or, if you MAKE a chopper, burrito bike, recumbent etc. I've sold or given away bikes that I've reconditioned, but I would never sell, or give away a bike that I've MADE!...I make bikes for fun, not to make money.............Just something for everyone to think about. After all, how would you feel if someone got hurt, or even worse, on a bike that you designed or redesigned?
 
you could sell anything and someone could get hurt with it, dosent mean your gonna get sued. As long as your work isnt half ..... , missing welds or nuts and bolts .. you ride it and enjoy it you could probably sell it and wont hear from the person again .. Thats why you gotta love CL.
 
Yep I thought about it. sell all my stuff through my llc inc. if they sue they can have my bike shop . It cost $700 to set up and was well worth it. Learned that from a guy that builds streetrod front ends. If he gets sued he gives them a minimal company and starts another ...differant name inc. Or you could do like the bike companys where they put a sticker on each bike that says do not ride at night. Put one that says not for ridding and then laugh about it when you sell one. :lol: :lol:
 
Uncle Stretch said:
Yep I thought about it. sell all my stuff through my llc inc. if they sue they can have my bike shop . It cost $700 to set up and was well worth it. Learned that from a guy that builds streetrod front ends. If he gets sued he gives them a minimal company and starts another ...differant name inc.
Click to expand...

LLC's seem to be the best way for a small business to go.

Or you could do like the bike companys where they put a sticker on each bike that says do not ride at night. Put one that says not for ridding and then laugh about it when you sell one. :lol: :lol:
Click to expand...

Especially the customs some do, they could be sold as collectors items, or decorations, not as a bicycle :roll: It's just sad that we even have to be discussing this....
 

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