how do we make sure we aren’t liable for any accidents?

Get Legal Help Today

 Secured with SHA-256 Encryption

how do we make sure we aren’t liable for any accidents?

we want to make toddler bunk beds, toddler sized , but we do not see anything like it out in the market (at least so far that we have looked) which makes us believe there are legal issues concerning potential accidents because of the age group. how do we make sure we are not liable for any accidents so we are safe to sell the beds?

Asked on June 7, 2009 under Business Law, Idaho

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In my opinion, there are too many potential liability issues with toddler-sized bunk beds.  Toddlers are notoriously accident-prone due to a lack of developmental maturity.  They fall easily and do not have the maturity to make good decisions when it comes to taking risks.  A bed for a toddler should be low to the ground and have a railing.  At least if they get over the railing, they don't have far to fall.  With a bunk bed, it is too potentially dangerous.  You cannot protect yourself from that kind of liability as a business.  I hate to say it, but I think it is just a bad idea.

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think the reason why you do not see toddler bunk beds is because they are too inherently dangerous to sell.  I cannot imagine a parent in the world who would want to put a three year old in a bed five feet off the ground.  However, assuming that you are able to sell the beds given the abundance of parents that lack common sense, I would also imagine that the product would be a huge target for products liability, personal injury, and perhaps wrongful death lawsuits.  Therefore, even if you structured your company to sell the product through a limited liability company to insulate yourself personally from liability and added the appropriate disclaimers/warnings to the product, I think that it would be very difficult for you to obtain insurance at a cost that would allow you to price this product competitively.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption