How can I avoid liability while selling an object to vehicle owners?
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How can I avoid liability while selling an object to vehicle owners?
I am starting a business that will sell objects to vehicle owners that can hang
on the rear-view mirror. I understand that in the state of California and many
other states, that would be considered an obstruction of view and would be
illegal to have while driving. The intent is for people that have ‘Hot Rods’ to
use them at car shows only.
Thank you
Asked on March 23, 2017 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Because you are not the one hanging the object--hence, you are not the one causing the obstruction--you should not be liable for the obstruction: the act of another person who is not under your control (the driver) intervenes, and breaks the chain of causality, so that you are not at fault or resonsible for what occurs. That said, a disclaimer, indicating that the objects are intended for use for cars shows or display purposes only, and not while driving, is a good idea and will futher insulate you. Make sure the disclaimer is prominent, so that it is clear that the buyer/driver was aware of it.
Simlarly, a disclaimer about potential "scratching" hazards can help protect you from liability for that. Again, making it prominent is key.
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