As a seller what disclaimers I can put in my listing to avoid eventual legal claims from my customers?

I sell on open box and slightly used Health and Beauty and Baby products. These are Hair care items, shavers, Toothbrushes, Baby Carriers, Baby Nursery Bedding and other. Its hard to find quote for product insurance for ebay seller. What legal disclaimers I can put in my listing to avoid eventual legal claims from my customers? Does Sold As-Is or Read manufacturer instruction or contact me in days if the item is defective work? Can this disclaimers protect me? Thank you.

Asked on April 8, 2017 under Business Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Disclaimer like the ones you suggest are a good idea and will help guard against customer disappointment if the "slightly used" products are somewhat damaged, worn, discolored, etc. It will not protect you from liability if someone is injured or sickened from a dirty, soiled, unsafe, etc. product, since you have a duty imposed by law to exercise "reasonable care" and inspect what you sell and to not sell anything that it appears may pose a risk, at least not without taking reasonable steps (e.g. sterilization?) to correct the condition.

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