Can you get sued for selling things on craigslist, etc if someone gets hurt?
My kids are getting older and I have a lot of baby stuff to get rid of. I have two cribs, strollers, car seats, high chairs, etc etc. I was thinking of listing them on websites like craigslist and ones in my area. I'm worried about getting sued. What if a baby were to get hurt in a crib for example, could I get sued by the person who bought it? These items are second hand, I bought them second hand so I don't know their whole history. They've worked great for me. I haven't noticed any problems with anything. is it worth the $80 for a crib or should I just throw it away to prevent getting sued? we live in such a sue country, it seems people can sue for anything.
- Little PrincessLv 71 month ago
Yes, people can get sued for anything. You can be sued because your neighbor doesn't like the color of your car. You shouldn't arrange your life around fear of frivolous lawsuits.
As long as you don't misrepresent what you're selling, they would have a difficult time winning any sort of lawsuit. You're selling this stuff on craaigslist. They're used items. The buyer is accepting that they're not going to be in new condition (and is able to pay a lesser price because of it). Used items are pretty much always sold 'as-is'. As the seller of a used item, you're not expected to know of any potential defect in the item.
Whether the crib is worth $80 depends upon the crib and what your local market will bear.
If you do end up getting sued, you should have either homeowners or renters insurance that would provide liability coverage for something like that (less whatever your deductible is). Check with your insurance agent about it if you have any questions.
- STEVEN FLv 71 month ago
You can be sued, PERIOD. In the case you describe, they don't have a valid case.
Even if you have the buyer sign a statement that they accept the items as is, with absolutely ZERO representations of safety on your part, they can still sue. The document should be an AIRTIGHT defense, but that doesn't matter until you are in court.
- babyboomer1001Lv 71 month ago
Yes, you could be, but it is unlikely a child would get hurt on a bouncer, etc. - aside from the crib. Check the date of the crib. If you are not sure, dump it. Years ago, babies died from their heads being stuck between the rails. Cribs nowadays, and for a long time now, have to be made with strict regulations.
- NosehairLv 71 month ago
You are probably OK because used items, by default, are sold as-is. I would just make a very short bill of sale that states something like "These items as sold used, as-is. Please inspect the items carefully because the seller makes no claims of worthiness nor any guarantees regarding defects, broken, or missing parts."
- How do you think about the answers? You can sign in to vote the answer.
- curtisports2Lv 71 month ago
The law assumes that second-hand items sold by private individuals are sold in as-is condition and no warranties are given. For additional protection, you simply use the terms 'sold as-is with no warranty expressed or implied', and on all items you sell, keep a copy of the page for your records. Anyone can sue for anything but they don't win for everything, and in private transactions on used items, the burden is proof on the litigant that the seller knew there was a problem and failed to disclose it.
- InLv 71 month ago
If you have made no claims to the suitability of the product to a particular use you generally have no liability if you re-sell. If you want extra reassurance then have the buyers sign a bill of sale that states specifically that the product is sold "as-is" and that you make no warranty express or implied, and that any product liability is the sole responsibility of the manufacturer.
- Anonymous1 month ago
IF you knowingly sell a product which has been modified or which has been declared "unsafe," yes, you can be sued.
There's case law in Pennsylvania regarding a crib which had been recalled, deemed "unsafe," person resold it, child was seriously injured in crib, buyer sued seller and won.
If a product is NOT defective or recalled there is no such problem.
Think about selling a car which has been recalled for brake failure, you never had it repaired, the purchaser is injured. You had knowledge and sold it anyway.
Apparently the Police (with all due respect) and the legal profession have very different opinions.
- Badge 203Lv 41 month ago
NO, these sort of items are bought as is. I would be more concerned about being robbed or worse when you go to make the sale
Donate the items to the Salvation Army or another organization (abused women shelters-Warming houses). You will be safer, feel better and can even claim a deduction on your taxes
- martyLv 71 month ago
No you can't get sued. Everything is sold as is and you don't guarantee anything.
- Anonymous1 month ago
I would be more worried about you getting robbed, Craigslist is huge for setups where people get robbed let alone have them come to your house to pick up the stuff