O.T. Product Liability Questions: Hot Rod Product

I had some Moon/Eelco style tanks made from some old 2 1/4 gallon beer kegs which I was going to sell and now am a little worried about the liabilties of such a product. Is any one here savvy on such a subject? I started an LLC (Limited Liability Company) to try and protect myself from being sued but still have my doubts. I'm not going to make much on the darned things. Just wanted to make 1 for my g***er, make a few bucks as well as have a little fun contributing to the hobby. Not sure they'll ever get sold now. It'll be my luck that some dufus gets hurt and they blame it on my tank.

1. Are there any ways around this problem? Like calling them something other than fuel tanks?
2. Or should I sell them as "for Novelty Use Only" ??

Need help or I'm s****ping the dream.

thanks
Gas

If you'ld rather give advice off line my email is philupton@earthlink.net

Here's a pic to give you an idea of what they look like:

ps - let me know if you think they **** and I should give up just for that! LOL

 

You can sell them with a sticker on them "rearend at your own risk".

 

There's always a possibility someone will try to sue you if something goes wrong. An LLC may shield you from personal liability, but depending on the cir***stances, it may not. I used to do custom gunsmithing and was very good at it. But there wasn't enough money in it to offset the possibility of some half-wit suing me if he did something stupid and hurt himself or someone else.

 

I think there are a couple ways to protect yourself. the "Novelty use only" is a good start. "install at own risk" or "off-road use" or "show car piece only " are a couple other ones. the bottom line is if someone really really wants to sue you, they'll find a shady enough lawyer to do it. I'm sure you can find a simple disclaimer form somewhere that purchaser's need to sign prior to shipping the product.

 

A friend who used to have an off-road truck parts store told me that a company which used to sell "Roll Bars" for the beds of pick-up trucks ended up changing the name to "light bar" for mounting off-road lights. It seems they did this as a way to prevent themselves for being sued.

Thanks for the input guys.

Keep it coming!!!

 

what do you plan on charging for these? it seems due to their size (2 1/4 gal) track use would be the only reasonable place for them due to their small size.

 

Well, to tell you the truth I was hoping to get up to $200 =/- $20. I'm also going to come out with the other typical things like T-shirts etc...
I'm tired of dreaming about it so I thought I'd finally get the ball rolling this way. If it shows some promise I'll take it to the next step. I have other ideas for products as well. To be honest I think that 75% sold will be used for Novelty Use and the remaining percent guys will actually use them for an overflow tank or fuel tank.
Within the next couple years I want to open a Hot Rod/Muscle Car repair shop here in CT if I can get a friend on board that is a great and paint body guy.
The manufacturing company I've been working for the last 16 years is up for sale and I don't have good vibes about it staying here in CT. Time to start plan B.

 

Sell them as "Radiator Catch Cans"

let people figure out how else to use them at their own risk.

 

radiator catch cans is exactly what I was thinking. A bit small for fuel on anything but a drag car. Not a whole lot of liability on those items..

 

"FOR DISPLAY PURPOSE ONLY"*

*Coker Tires

wink wink nod nod

 

Even with a catch can it can be dangerous if someone were to open it under hot pressure. Seems I can't win. They have a vented spring loaded flip top cap that says gas on them. Might have to grind that off too.

I'll look into the Coker thing! thx

 

You worry way too much.

let it all hang out and deal with the problems "IF" they ever occur

 

Just my.02...

If you're serious enough to start an LLC, you kight want to get some liability insurance as well. Might help you sleep a little better. You can get 2 million for probably a couple grand, depending on who you use. Not sure about all the ins and outs of an LLC, but I know if you incorporate it will also protect your personel belongings, like your house and cars etc.

Not sure of the cost, but getting them tested before selling somewhere might be a good idea also...

Then again, "novelty use only" is the most common and cheapest way to go...you just gotta make sure you don't market it as anything else but...

Good luck. BTW...they look *****in'...

 

My freakin wife and my lawyer neighbor have me worried ****less. If it were me they would be on the market already. I can hear it now though, that if I were to be sued, my wife (then it will be ex-wife) will always say - I told you so! She aint no risk taker and also aint a car chick so she doesn't understand.

Thanks Burny, I actually started looking into having them tested but haven't had any luck yet. I also contacted my insurance company to quote me. I didn't tell them about the fuel tanks though. Just said I would be selling parts and offering services.

 

just sell them on ebay as

"unknown make"

could be used as: fuel tank, over flow tank, what ever you like.


this would keep you away from any problems.

 

Not sure that will work if I keep selling them there. I have about 30 of them right now.

 

You could say it is an alcohol tank for refreshment purposes only and hang a bendy straw out of it.

 

Sell them as coolant recovery tanks, or water jugs, hell anything, just sell me the first one. How much?

I promise I won't put gas in it and I will sign a waiver

 

Sent ya an email.

 

Offering them as a kit might be the way to go as the blame can be placed on the purchaser and his welder. Kinda ****s thinking this way but it might be the only way out.

 

It's a fuel tank. What's the worst that can happen?

1. It leaks.

Big deal. If it leaks in a trailer of a race car, and burns it to the ground when someone makes a spark, I suppose you are liable. Do you test every one for leaks?

What if the welds get eaten by methanol? Could happen. You should put an expiration date on them.

Pick up a gas can at your local hw store. I believe they have certification stamps on them. Find out how you build to spec for those authorities.

It sounds like you've already invested some money and time here. People sell fuel tanks. It's not a crime.

 

Yes repo, every one will be tested for leaks. The expiration date is an interesting idea. I'll have to look into that. I remember seeing that on Propane Tanks but not on gas cans.

 

Why don't you contact somebody like Rockvalley tanks. I tryed to buy a partly done tank from him and he said he could'nt do it because of liability. Also the reason the prices were high because each tank came with a insurance "surcharge" of sorts.

 

Thanks, I'll check into it raffman.

 

You gonna sell 100 of 'em or 1,000? If it's 100, I'd sell them as novelty and call it a day. If it's 1,000, I'd spend the money and hire a lawyer to CYA. The mitigating factor is how well can you sleep at night after selling these with whatever wording you come up with? My guess is a lawyer would tell you it's defensible if you call them novelty. Doesn't mean you won't get sued and lose, but that you have a solid defense. In my mind that's about the best you can hope for, but then again hey I'm just a layman, not a lawyer.

Sell 'em on the HAMB and see how they do.

 

Closer to 100. Might not even sell that. LOL
Maybe if I stamp "Novelty Use Only" into the bottom somewhere.
Each one can be numbered as well and photographed for the pictures in each for sale thread to kind of do***ent them.

 

Talk to other street rod shops, or shops that design and install suspension peices. Other small shops will usually help the new guys??
Suspension design and install would be a greater liability risk.

 

They ALL did! That was an unbelievebale situation, one of the first to hit the aftermarket industry. You can't build ANYTHING that is idiot-proof, only idiot-resistant.

Engrave a plate with something like "not for use with any combustible liquid" and weld it on the tanks right next to the filler. And pray....

 

I would just put it as "For Display Purposes Only" with a little sticker on the bottom.

If they put it on their car and put gas in it...you said not to....