used equipment liability

[anacapaequipment]

Does anyone know if you sell used equipment and list that it needs to be tested thoroughly before using and state that the seller is not responsible for the equipment can you still be sued for injury related to the use of that equipment by buyer? Can rebreathers be sold to persons not certified in their use? Thanks!

 

[theduckguru]

Does anyone know if you sell used equipment and list that it needs to be tested thoroughly before using and state that the seller is not responsible for the equipment can you still be sued for injury related to the use of that equipment by buyer? Can rebreathers be sold to persons not certified in their use? Thanks!

Yes, you can still be sued and yes, you can sell a rebreather to anyone you desire.

 

[emoreira]

Though I'm not a lawyer, compared to used car, you are not asking if the buyer has the corresponding drive license. Besides, if it's clearly stated that the device must be serviced before being used, you should be covered.
Another point to consider is that, perhaps, the buyer is not the one that will use the item, so, the buyer needs not to be certified.

 

[dburg30]

You can be sued for anything pretty much. Heck you can be sued by someone that forces entry into your house, comes at you with a weapon, and trips down your outside stairs while they are trying to get away, because you didnt have lighting or hand rails.. Granted they will probably lose, but you still get sued and still have attorney fees to defend yourself. And while you could say countersue, do you think that person probably has any money or stuff that anyone knows about?

 

[padiscubapro]

Does anyone know if you sell used equipment and list that it needs to be tested thoroughly before using and state that the seller is not responsible for the equipment can you still be sued for injury related to the use of that equipment by buyer? Can rebreathers be sold to persons not certified in their use? Thanks!

whether or not the rebreather can be sold to another person directly depends on the waiver the original owner signed.. many of the specificly state they are taking responsibility fo rthe specific unit and are agreeing not to let an uncertified user use one or directly ship it to an uncertified user..
they can ship it to an instructor certified to teach the unit as long as the instructor now assumes responsibility for controlling the rig..

 

[kombiguy]

An agreement between you and I that I won't sell to a random third party is not likely enforceable. An agreement about buying and selling a rebreather that limits my right to defease the unit is probably void, or at least voidable.

 

[ba_hiker]

You can be sued at any time by almost anybody.

I was sued for stopping and providing assistance at a car accident. I was commended by the paramedics and CHP at the scene. But the injured party sued. Never found out what their theory of the accident was. The case was tossed out of court, by the judge, at the first hearing. I was represented, for free, by the local county attorney who took the case on the basis that the law and public policy were in jeopardy.

 

[Damselfish]

Perhaps a better question is, has anyone ever actually been sued for such a thing?

 

[anacapaequipment]

Scary! I know it is true that anyone can sue. I was just hoping if I put very clear disclaimers on it and make them sign that I will be okay! Thanks for the replies!

 

[PuMpUi]

Does anyone know if you sell used equipment and list that it needs to be tested thoroughly before using and state that the seller is not responsible for the equipment can you still be sued for injury related to the use of that equipment by buyer? Can rebreathers be sold to persons not certified in their use? Thanks!

You don't need to be wrong to sued ...
You don't need to be right to be sued ....
You don't even need to BE there to be sued ...

To be sued, all you need to be is :

1. Named
2. Served.

Gotta love the system !!!