I notice that many esk8 companies are foreign. And it is obvious, how liability works in that instance. But, having a esk8 biz in the us, how much risk is it, and how do your lawyers advise? Do you have fine print on everything?
Many boards have cutouts and failures that can prove dangerous. Is your design and materials, capable of cooking your goose in court?
Could you be sued if you lend your board?
I am not an expert per-se, but most companies liable for their product, move the responsibility to you with the terms and conditions and especially in the US.
Let me take kaly.nyc as an example. Even on the product level it states:
WAIVER OF LIABILITY
IN CONSIDERATION OF
By purchasing our product and paying for our invoice the buyer, rider, user, operator, owner, heirs, executor, assign or personal representative, hereinafter collectively referred to as “CUSTOMER”.
The Customer is responsible for informing themselves and obey all local and state laws for riding an electric skateboard in their area. Also to understand the basic knowledge to safely assemble and proper maintenance requirements of the electric skateboard.
That skateboarding is an action sport with inherent risks, the CUSTOMER may encounter situations where can be exposed to the risk of injury, paralysis, deformation and or death.
The CUSTOMER and only the CUSTOMER is responsible, accountable for the physical integrity, maintenance and safety ASSESSMENT for the lithium ion battery in the electric skateboard.
THEREFORE
By purchasing our product and paying for the invoice the CUSTOMER hereby agrees to waive all rights, release and forever discharge Kaly’s, their affiliates, associates, managers, members, agent, owner, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and or any other associate entity (hereinafter collectively referred to as “RELEASEES”), from all liabilities against any claims, causes of action of any nature whatsoever related to the owning, possessing, using or operating of the electric skateboard, brought by the CUSTOMER, third parties or anyone on behalf of the CUSTOMER or third parties.
The CUSTOMER FURTHER AGREE to indemnify, defend and hold harmless the RELEASEES against any and all claims, lawsuits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by the CUSTOMER, third parties or anyone on behalf of the CUSTOMER, including attorney’s fees and any related cost.
This waiver and release of liability has to be interpreted as largest possible waiver against the CUSTOMER, if the reader don’t agree to this terms please DO NOT BUY.
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