Advice requested please

weldrwomn

TCS Member
Thread starter
Top Cat
Joined
Nov 2, 2006
Messages
2,136
Purraise
11
Location
In the snow!!!!
As many of you know, I have started trying to sell some of my metal artwork lately. I say try because I haven't actually been successful yet.

My hubby raised an interesting question yesterday and I wanted to ask the opinion of my fellow TCSers.

If I sell a person one of my pieces and they cut themselves on it or drop it an break their toe can I be held liable?

If someone puts a yard art piece in their garden and their child is injured from tripping on it or falling against it am I liable for the injuries?

Do I have to include a release form or something like that will all my pieces?
 

carolina

TCS Member
Top Cat
Joined
Nov 17, 2008
Messages
14,759
Purraise
215
Location
Corinth, TX
Originally Posted by WELDRWOMN

As many of you know, I have started trying to sell some of my metal artwork lately. I say try because I haven't actually been successful yet.

My hubby raised an interesting question yesterday and I wanted to ask the opinion of my fellow TCSers.

If I sell a person one of my pieces and they cut themselves on it or drop it an break their toe can I be held liable?

If someone puts a yard art piece in their garden and their child is injured from tripping on it or falling against it am I liable for the injuries?

Do I have to include a release form or something like that will all my pieces?
Your pieces need to be "safe" to use as intended... I would look around for what others do and Sell the pieces with a written disclaimer.

Is a knife manufacturer liable for everybody who get cut? NO.... If I get a heavy piece of furniture in my home, and I am moving it around... and drop it on my foot and break my leg... is the manufacturer liable for it? NO. The Key is "Safe for use as intended".
I am sure there are other artists who sell similar work - see what they do, and copy them on their disclaimer. The truth is, you can hurt yourself with water, with a plastic bag, with anything.
 

wellingtoncats

TCS Member
Top Cat
Joined
Apr 17, 2003
Messages
36,207
Purraise
24
Location
Wellington City, NZ
Sorry I have no helpful advice but we have a three step ladder at work and there is a big warning sign on the first step saying "Warning: This ladder must not be used beyond the first step" That's PC mad IMO
 

Winchester

In the kitchen with my cookies
Veteran
Joined
Aug 28, 2009
Messages
29,760
Purraise
28,145
Location
In the kitchen
Carolina has good advice for you. You're not responsible for somebody hurting themselves on your work. But a simple disclaimer to that effect can be a good thing for you.

Good luck with your business!
 

icklemiss21

TCS Member
Top Cat
Joined
Aug 14, 2005
Messages
16,465
Purraise
20
Location
in the land of poutine and ice
I bought a large frame for some artwork and it has a warning on it that the glass may break and the frame is heavy, a liability notice can't hurt - I am not sure I would go as far as a signed waiver

I did a quick search for sites of metal art and can't see much more than the website disclaimers on them but I would assume that unless faulty, it is my own responsibility. I did see one that mentioned sharp edges and should not be bought if you have young children near it
 

AbbysMom

At Abby's beck and call
Staff Member
Moderator
Joined
May 18, 2005
Messages
78,447
Purraise
19,587
Location
Massachusetts
In today's litigious society, it wouldn't hurt to put a warning stickers on your items. They even have warnings on paper coffee cups and such now.
 

libby74

TCS Member
Top Cat
Joined
Jan 21, 2006
Messages
6,217
Purraise
18
Location
Illinois
I look at lots of crafts items on ebay, especially prim dolls. Most of the ads include a disclaimer that 'this item is not a toy, and is not intended for use by children'. I agree that you should include a disclaimer of some sort (especially about the outdoor pieces).
 

nurseangel

TCS Member
Veteran
Joined
Jul 6, 2007
Messages
10,153
Purraise
4,859
Location
1 Happy Place
I have no helpful advice, but I'd love to see pictures of your artwork. My cousin's husband does metal sculpture and he's done some beautiful things. I wish you much success.
 
Top