(Topic ID: 277307)

Liability of selling mods for pinball

By pinball_mutha

3 years ago


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    #6 3 years ago

    Let’s say a mod does burn down your house.

    First off, you have insurance to cover you, your own home owners insurance.

    Let’s say that doesn’t cover everything, or there is more harm you want to allege, like bodily injury. So now you have a negligence claim against the mod designer. Is it worth it to file suit? You will likely have to sue them in their own home state of residence, not the state in which you live. You’ll spend years arguing over fault and damages. And then you may . . . may . . . get a judgment that you now have to collect. If the judgment is for any appreciable amount, will the mod maker even have money to pay? Are you going to go after his or her house, garnish his or her wages? This isn’t like suing Sony after all.

    My guess is a lot of mod makers just don’t see it as an appreciable risk. But if you really want to eliminate the risk, then probably the best thing is to set up an LLC and get general liability insurance.

    #8 3 years ago
    Quoted from Nokoro:

    Let’s say a mod does burn down your house.
    First off, you have insurance to cover you, your own home owners insurance.
    Let’s say that doesn’t cover everything, or there is more harm you want to allege, like bodily injury. So now you have a negligence claim against the mod designer. Is it worth it to file suit? You will likely have to sue them in their own home state of residence, not the state in which you live. You’ll spend years arguing over fault and damages. And then you may . . . may . . . get a judgment that you now have to collect. If the judgment is for any appreciable amount, will the mod maker even have money to pay? Are you going to go after his or her house, garnish his or her wages? This isn’t like suing Sony after all.
    My guess is a lot of mod makers just don’t see it as an appreciable risk. But if you really want to eliminate the risk, then probably the best thing is to set up an LLC and get general liability insurance.

    I will note that despite what I said, some people are just irrational and will try to sue for anything. So, if it were me, I would be conservative and get insurance. At least they will pay for your legal defense if someone does try to sue.

    #10 3 years ago
    Quoted from pinball_mutha:

    I'm not even sure what type of lawyer to ask these types of questions.
    So is just putting verbiage in the instructions enough to protect yourself? That the user takes responsibility for installing and if it has external power that they are also responsible for turning it off.
    Heck, what if a component you bought off the shelf that is use in your mod caused a fire?
    How do mod sellers protect themselves when shipping to other countries that have different laws?
    Any lawyers on Pinside that would know?

    Even if you put a disclaimer in, it doesn’t stop someone from suing you and you having to pay legal fees to defend yourself. So, again, insurance is your friend if you want to be risk adverse.

    #37 3 years ago
    Quoted from pinball_mutha:

    The service outlet would help for sure, but I did some checking and found that it is always on.
    I suppose you could connect a remote controlled outlet to it, but there again the user is still responsible to turn it off.
    So someone that buys a curling iron or or heater that doesn't have an auto off feature, what do companies do in those situations, I would think that would be a huge risk leaving it to the user to make sure they turn it off. If a curling iron burns down their house because they forgot to turn it off, I wouldn't think they could go after the manufacturer because they didn't follow instructions, or could they?

    Product liability law is complex, and the situations where it is triggered are varied. A company that makes curling irons certainly has insurance. And, they work with their lawyers and their insurance companies to mitigate their risk. They also have deeper pockets making them more attractive to sue. So the risk is greater as well.

    The theme of this thread is, if you want protection, find an insurance broker and talk to them to get appropriate insurance.

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