Builders & Outfitting Liability

[southpier]

(tried a search; kept getting sidetracked!)

in another thread, someone alluded to the liability of manufacturing a cargo box for sale. what is the argument here? does the buyer not assume responsibility for its use? would the liability extend to someone who works / modifies on an existing vehicle?

obviously if the room leaked or construction quality was poor / affected use i could see calling in the law dogs, but is there a greater liability than in any other type of manufacturing endeavor?

 

[cruiseroutfit]

I'm not a lawyer but I can only assume there is product liability, particularly in the case of an item being sold in a commercial manner, i.e. a business whether licensed or not. You pay money for what you assume is a safe product when use within its design criteria. As for liability, we modify vehicles here in my shop on a daily basis from re-gears on 40 year old Land Cruisers to snorkel installs on Land Cruisers with 100 miles. We have insurance that covers us in the event of an unfortunate accident or product failure. That isn't to say they can't sue but at least we have coverage in place if/when something bad does happen and isn't mitigated by manufacture or our own warranty's and disclaimers. This can, has and is an issue with small shops and manufactures, they are literally one bad deal away from being bankrupt... would you want to be on the other end of that?

 

[Foy]

This can, has and is an issue with small shops and manufactures, they are literally one bad deal away from being bankrupt... would you want to be on the other end of that?

Well said, Kurt. Through my CPA practice, I'm exposed to the vagaries of small business survival each and every day, both among my client base and within the context of my own small business. The adage which sticks closest to my ribs is this: "The Plaintiff's Bar did not become wealthy by NOT knowing who to sue". What that of course means is that attorneys who specialize in representing injured or damaged parties know to cast a broad net in search of anybody and everybody who even remotely had anything to do with manufacturing, distributing, or retailing a product which is alleged to have caused an accident. For that reason, the firms which manufacture the wheel bearings for small airplanes' landing gear must continually defend lawsuits where engine failure was the cause of a crash. Their product was on the airplane, they have insurance, so they're getting sued, period.

Foy

 

[I Leak Oil]

You so remember the case where the woman who spilt hot coffee on herself sued McDonald's don't you? Or how about the countless cases of home invaders who sue the home owner for injuries sustained while doing so?
All it takes is one idiot consumer and one idiot judge to make you pay for it.....Sad, so sad.

 

[cruiseroutfit]

Just to add to a broader scope of 'outfitting'. Many here on ExPo and elsewhere have tossed their name in the hat in regards to tour guiding or hosting events on public lands. In the case of BLM or Forest Service, you very likely will need to carry an insurance policy if you meet their loose criteria of 'commercial'. Generally speaking you are absolutely commercial if your doing guide work or tours in exchange for money (or not), however even club events or family reunions can fall under permit regulations and require insurance to an amount set by the issuing agency. I do group tours and guide work here in Utah (side project tangent to Cruiser Outfitters) and insurance is a big issue for us as well. You lead someone out to the wilds, they slip/fall, touch a hot rock at the campfire or lay their rig on its side... your could get sued as you were their 'guide'. I'd estimate that 50% of those in Utah attempting to or doing small scale 4x4 guiding have nothing in place in terms of permits and insurance, they are trying to fly under the radar which again doesn't do well for either side of the situation.

 

[FellowTraveler]

I've always suspected liability when manufacturer up-fitting guides are not used

Lawyers will always find a way to hold some individual or entity accountable.

Of concern would be a heavy bumper installed on the front of a vehicle which changes vehicle C/G therefore overall handling/stability. At the other end would be a heavy rear bumper w/tire, fuel cans or whatever but will it correct the offset created by the aftermarket front bumper of the vehicles designed C/G, or? Then will the tires, suspension, brakes or whatever be up to the task after installing aftermarket accessories, or?

The vehicle manufacturer has spent BIG $$$$$$$$$$ providing up-fitting manuals for a reason, they even present all the tech required to up-fit professionally and safely, then there are DOT, NHSA and various other regulations to follow.

Aftermarket is BIG $$$$$$$$ maker, "of concern installer (s) of aftermarket parts who DO-NOT follow up-fitting tables".

I have an aftermarket aux fuel tank built to industry standards installed under chassis within the vehicle manufacturers designed C/G. However, if a drive shaft u-joint lets go I'd have a gaping hole w/spill perhaps even a fire, so IMHO common sense dictates drive-shaft hoops and a custom aux fuel tank skid plate are a must in my application.

PROS/CONS aside I'd stick to using professionals who follow the manufactures up-fitting guides in all cases.

IMHO, research on the part of the consumer is most important.

 

[98dango]

There are so many sides to this. I do mobile auto repair. This is just for extra money living where I do there is good money. This allows me to work all summer make good money and goof off at the same time. Now for this I have to be insured have a dot number on my truck keep mileage and log what it did where along with hassling with where there stuff broke and the issues there. Most times not a hassle but when you get the its 65 just for you to show up that is what it actuly costs me to move my truck. My truck has been paied for since day 1 and tool I have had for 20 + years. The cost of fuel insurance bond and dot fees just kill me.


Now as far as permits when I lived in Oregon and gathering ( group of 6 or more in one area) needed a permit to gather. So officaly a club meeting needs a permit the bs session in the parking lot diffrent permit family bbq permit.