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Liability Question

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x1124x
Posted: Sun Jan 02, 2005 1:53 pm Reply with quote
Joined: 24 Aug 2003 Posts: 1388 Location: Lehigh Valley, PA
I recently contacted a local urethane manufacturer regarding a run of wheels. They declined citing liabilty issues and the nature of skateboarding. Can an OEM manufacturer be sued if some one breaks a leg or something? I would think if that's true you could sue just about every company out there for something.
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Cowboypunk
Posted: Sun Jan 02, 2005 2:26 pm Reply with quote
Joined: 17 Nov 2004 Posts: 29 Location: Simi Valley, CA
Most states list skateboarding as a dangerous sport, like football, basketball, if you hurt yourself playing football you can not sue the manufacture because you know that it is dangerous. Hope that answers your question.

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Jason Dickson
www.cowboypunk.com
www.jwiddist.com
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skinny
Posted: Sun Jan 02, 2005 3:20 pm Reply with quote
Joined: 12 Sep 2004 Posts: 2706
A way to ensure that you can use this term in your states law is, first check if your state operates public skateboard parks. If it does it means that the state has determined that skateboarding is done at the users risk, therefore the state recognizes the activity as hazzardous. To ensure you are not sued due to the use of your product, simply put a warning label on the product stating that the use of your product is at the users risk and that the use of your product is considered hazzardous. It also helps to limit the sale of your product to areas that do consider skateboarding hazzardous. Good luck!
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Five Points Skateboards
Posted: Mon Jan 03, 2005 2:41 pm Reply with quote
ORDER OF THE SKULL ORDER OF THE SKULL
Joined: 12 Mar 2003 Posts: 4167 Location: Columbus, OH
www.eastcoasturethane.com Makes kickass wheels FOR SKATEBOARDING, so, no worry's about liability issues there

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Tim
Five Points Skateboards
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woof
Posted: Tue Jan 04, 2005 9:27 am Reply with quote
Joined: 26 Nov 2004 Posts: 21
>> Most states list skateboarding as a dangerous sport, like football,
>> basketball, if you hurt yourself playing football you can not sue the
>> manufacture because you know that it is dangerous. Hope that
>> answers your question.

This is called "Acceptance of Risk." It ** IS ** true that, in the absence of defects, acceptance of risk is an effective affirmative defense.

HOWEVER... remember that anyone can sue you at any time for basically any reason. The merits of their case are only very loosely tied to whether they CAN sue you. Acceptance of the Risk does NOT keep me from suing you... it ** may ** just keep me from winning.

Since there are laws concerning the filing of frivolous claims, the lawyers will simply tack on other claims to bolster their case... like, for example, the claim that the item was defective. It would take you a bit of time and effort to prove otherwise, and all that time, your defense that the person accepted the risk would be basically useless since acceptance of risk is not a defense for product defects/negligence.

If there was a defect, you would then no doubt sue the manufacturer or seek indeminification in some form, and no doubt they would be joined anyway by the original complaintant.

Citing acceptance of risk may not be enough to get the Mfg. to budge.

woof
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