Selling used gear, should i provide a disclaimer

[kombiguy]

No, I wouldn't be willing to write up a disclaimer. My point is that if you sell a used item, whether scuba, yard maintenance, kitchen appliance, or whatever, you can be sued. However, the likelihood of that is low. The likelihood of someone prevailing is also very low. Combined, you're probably more likely to be struck by lightning than face a judgement for a used regulator. To be successful, someone would have to prove, inter alia, that you had a duty to them. A professional seller might have such a duty, but I don't believe many courts are going to extend such a duty to a casual seller of used goods. Imagine what that would do to garage sales, Goodwill, the Salvation Army, etc.
I also would not offer a written disclaimer of anything, including an "as-is" status. If you're worried about liability, imagine a weasely lawyer seizing on that as-is disclaimer as evidence that you knew the item was somehow compromised.
This is not legal advice, and no lawyer-client relationship is intended or formed by this posting. I am not licensed to practice in all states, and am not a product liability or personal injury lawyer. All my comments should be regarded "as-is," and not warranteed in any way, shape, or form.

 

[Aqua-Andy]

This is not legal advice, and no lawyer-client relationship is intended or formed by this posting. I am not licensed to practice in all states, and am not a product liability or personal injury lawyer. All my comments should be regarded "as-is," and not warranteed in any way, shape, or form.

Yup gotta love lawyers. Hay an ambulance just drove by, better start running!

 

[kombiguy]

Yup gotta love lawyers. Hay an ambulance just drove by, better start running!

I had to write that because of stupid clients and stupid people, not because of lawyers. And remember your feelings about lawyers if and when you need one. I'll expect you to do it yourself.

 

[WSOPFAN]

Caveat Emptor.......for sure.......

 

[kdsmithjr]

I'm not a lawyer, but I dealt with legal issues all the time in my work. Your answer is clear and your pointing to the concept of "duty" is particularly elucidating...not sure if most understand the concept though. In essence, there is a concept of casual selling and (i assume) a complimentary concept of causual buying. As long as the seller isn't trying to hide something, the expectation is that the buyer will inspect the article being bought for suitability to the buyer's purpose...both buyer and seller assuming all relevant issues are apparent. If you inject anying else into the relationship, that just going to end up being a "handhold" for someone to start legal action...even if the chance of prevailing is slim.