Primitive Archer

Main Discussion Area => Bows => Topic started by: BrokenArrow on September 30, 2015, 06:04:55 pm

Title: Does anyone sell a few bows and worry about liability insurance?
Post by: BrokenArrow on September 30, 2015, 06:04:55 pm
Does Anyone sell a few bows a year and worry about liability insurance is one breaks and hurts the buyer?
Its not a business but just getting rid of a few bows.
If so where can you get coverage?
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: crooketarrow on September 30, 2015, 06:24:28 pm
 If you like had the buyer sign a weaver.

 Personally I've only had 2 osage war bows.

  A 98#er and a 109 #er. I've made 7 or 8 over 100 pounds.  I do'nt think a hunting weight bow built well enough to be sold to someone thats looked or held and shot.

  I OVER BUILD MY BOWS A LITTLE. That stops old joe when he just picks it up and over draws it.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: DC on September 30, 2015, 06:25:37 pm
I've asked this a few times. You're in Canada so if you get any answers they may not apply. I think the best way is to bite the bullet and ask a lawyer. Split the cost over the bows. I gave all my spares away hoping that because there was no money involved my liability would be less. Don't know.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: PatM on September 30, 2015, 06:27:56 pm
I would think you'd have to have coverage for the bows forever. It would be cheaper to cut the bows up and burn them in the long run.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: crooketarrow on September 30, 2015, 06:40:43 pm
  Sorry boys I live in WV. kinda red neck in some ways. In 23 years of building,selling bows never gave it a thought once. But I'm not a sueing person, and twice I could have.

  Build your bows correcty and forget about it.

  Learn to over build your bows couple inchs.

 
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JW_Halverson on September 30, 2015, 08:52:06 pm
I looked into it years back and it was gonna run me something like $5k/yr. 
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: George Tsoukalas on September 30, 2015, 09:06:25 pm
I don't sell bows but if I did I would have liability insurance. Jawge
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Hamish on September 30, 2015, 10:02:10 pm
 Concentrate on making a quality product, from quality materials. Don't sell a bow(or give one away) with a hinge, chrysals, or a lift in the backing. Make sure you have a proven design  with a track record that you have experience in and you won't need insurance. A bow like that is not going to break through legitimate use, unless overdrawn, dry fired, or lack of string maintenance.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JW_Halverson on September 30, 2015, 11:25:19 pm
Concentrate on making a quality product, from quality materials. Don't sell a bow(or give one away) with a hinge, chrysals, or a lift in the backing. Make sure you have a proven design  with a track record that you have experience in and you won't need insurance. A bow like that is not going to break through legitimate use, unless overdrawn, dry fired, or lack of string maintenance.

Ah, yes, and there is the rub!  "legitimate use".  What is that?  Anything you can do to guarantee the user knows what that is?  And, ok fine, the user FAILS to use legitimately and is injured.  And let's say he has more funtickets in the bank than you do and is more than willing to exchange said funtickets for the time and consideration of an unscrupulous legal firm.  Now you have to spend your funtickets fighting it out in court and frankly, you are going into a gunfight with a slingshot with a busted rubber band.  You can be as right as rain, but once in front of a jury anything can happen.  Now you are broke, got a legal bill to settle and you have lost a good portion of your faith in humanity or the legal system. 

Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: bradsmith2010 on September 30, 2015, 11:41:30 pm
does any one know of a bowyer that has been sued,, I have not heard of that,, I am sure it could happen,, anyone can sue you for anything,,,I think the insurance would be a good idea,,,but it still would not protect you from getting sued,,,I think it is a good question for sure,, :)
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Eric Krewson on September 30, 2015, 11:41:59 pm
I quit selling bows partly because of liability concerns. It only takes one catastrophic bow failure with a lost eye or body part for a slick lawyer to take everything you worked for your entire life.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Hamish on October 01, 2015, 01:03:21 am
Hi JW, I would think anyone on this site(bar an absolute newbie) would know what legitimate usage entails. I stated some in my earlier post, dry firing, overdrawing the bow for its intended draw length, using a damaged or worn string. I would also include stringing the bow backwards,  using a string that is too short and gives an incorrect brace height, using a bow that has suffered damage in storage, transit, etc .
Educate your purchaser before the sale. Every bow I have bought from a professional seller came with instructions, stringing, and shooting do's and don'ts. Make sure they realise the limitations of a wooden bow before you finalize the purchase. Some people are stupid but it ceases to be your responsibility after they have been informed, warned, advised, and then  they still go against instructions.

 I really think the risk is blown way out of proportion to the reality. Bows have been used by man for well over 10000 years. Can anyone cite an example of a serious injury received from  a buyer breaking an all wood bow whilst shooting?

If anyone is at risk from a wooden bow breaking it is going to happen during the making, so unless you have employees(very unlikely) then  you are self employed it would be good to have some kind of personal insurance to cover you in the event something happens that effects your ability to work.

There have been a couple of occasions where I have been injured, though thankfully only superficially through wooden bows breaking on me. During early tillering, bringing a bow to brace height, whilst using a bow stringer. The laminated stave had a hickory back with a tiny pin knot(I had even left extra wood around the width of the backing at that point) To no avail it blew up on me and splinters hit my chin cutting it open. I probably could have used a couple of stitches, but didn't bother.

Another occasion, this time with a  tillered, finished bow.  When bamboo laminated panels  became available I experimented with them as a backing. I found that they were great until the severed nodes eventually lifted after enough use. After shooting it for a couple of days I heard  "Tick" .I couldn't see what it was and kept shooting to see if it was the string slipping at the nocks, and boom it blew up in my face, narrowly missing my eye, cutting me above the eyebrow.

Both these occurances  were my responsibility. I was lucky enough to escape without any serious damage, and learnt valuable lessons. 1 Don't use marginal, or unsuitable materials (this includes bad grain in hickory backings,or cross grain in the belly). 2 Use a tiller  tree with a pulley if you suspect the bow has a problem rather than drawing it by hand.

If something had gone wrong and I had lost my eye or became horribly disfigured the fault would be mine.
If you are experimenting with a new design, new materials or glue you have to do the hard yards testing to see if you as the bowyer can consistently make a bow that is safe, reliable, and performs well. If you don't feel confident enough with the results then that particular bow, or combination of materials  should not be sold if you don't have 100% confidence in it and your workmanship.

Remember there was a time when wood was the only material people had to make production bows for the mass consumer, up until WW2.  If properly made bows, from good materials are so risky, where is the evidence? Surely there would be newspaper articles, court cases from that period, laws enacted banning people from selling wooden bows. I haven't heard of any. Has anyone else?





Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Del the cat on October 01, 2015, 03:17:04 am
Short answer:-
No.

Read no further unless you enjoy sarcasm.
Long answer:-
For pities sake get a grip... you have obviously been brainwashed by insurance companies and lawyers. ::)
As has already been said, if you are really worried get them to sign acknowledging that they understand the risks of selfbows.
One reason I enjoy this craft is the total absence of paperwork.
I'm sure before long lawyers will be insisting we have public liability insurance the minute we are born.

Anyhow, they could never prove it was the fault of the bowyer (unless it blew first draw in your presence) It is their responsibility to check the bow every time it is used, store it correctly etc. That's one reason I like bows to be collected in person, not shipped as I always demonstrate them.
Oh dear I feel sick now... wish I'd never read this post.
On a scale of 1 to 10 for important life events this scores 0
Del
(Scurries off to write risk assessment before boiling kettle for tea  ;D)
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Lucasade on October 01, 2015, 03:53:43 am
My wife sells chocolate and some council run events are expecting traders to have £10,000,000 liabillity insurance. We genuinely can't think of a scenario where we could actually cause that much damage  >:(
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Eric Krewson on October 01, 2015, 09:07:03 am
Even if you can prove the buyer is at fault for a bow failure, the legal cost incurred in defending yourself could be life changing in a protracted lawsuit.

We live in a different word now than the world of the 50s and 60s I grew up in. Personal responsibility is out the window for a lot of folk, they will go for your throat in court at the drop of a hat.

Most trad guys are arrow straight and responsible but it only takes one bad apple out of hundreds of customers to ruin your life.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: PEARL DRUMS on October 01, 2015, 09:23:00 am
I do. But I'm VERY particular about who I sell to. 
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: jimmy on October 01, 2015, 09:28:19 am
Del the Cat, you are funny.  Pour me a cup of that tea while you're at it!
Look man, if liability insurance is what you have on your mind, you need to back track and evaluate why you are making bows.  Don't ruin it with such nonsense.  The whole thought of it makes me want to run into the woods and hide.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Pat B on October 01, 2015, 09:38:31 am
I've sold a few bows over the years but would rather trade or just give a bow to someone that wants or need one.
 
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JoJoDapyro on October 01, 2015, 10:12:07 am
Sadly I see post on FB from people who have had bow failures and the post goes something like this, "I have a bow built by XXXXXX. It is 58# @ 28 inches. It broke while shooting last night. I only have a 31 inch draw, do you think they will replace the bow?"
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: PEARL DRUMS on October 01, 2015, 10:48:46 am
Sell to people who truly appreciate your work and understand it, not just any jackhole with a $150 to spend on a bent board. You wont have any problems.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: PaulN/KS on October 01, 2015, 12:09:51 pm
I have had people offer to buy bows but have always declined to sell to anyone due to concerns over liability.
I make them as a hobby, not as a business is what I always tell them...
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: BrokenArrow on October 01, 2015, 12:19:24 pm
Thanks all for your thoughts. I live in Canada and suing people up here is not that common.
I struggle to think that unless you make a 70 inch bow with a 32 inch draw there is always a chance that some knucklehead will overdraw.
I'll do some legal research and post again at some point.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Chadwick on October 01, 2015, 12:59:22 pm
I've asked bow shops if they'd be willing to carry some of my bows. "If you have liability insurance. Everyone knows that those bows break." Ummm, nevermind. I would consider it, if it were an actual income source.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JoJoDapyro on October 01, 2015, 01:34:33 pm
it is a tough game. Sadly it is because people get involved with it that shouldn't.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: bradsmith2010 on October 01, 2015, 02:27:32 pm
does anyone know of a bowyer that has been sued ?????
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Badger on October 01, 2015, 02:30:37 pm
   Years ago I gave a guy at my coffee shop a bow. He said I should give him my address just in case it hurts him and he has to sue me. I said let me look that bow over to make sure it is safe. I took it and without even inspecting it I broke it over my knee. I turned him and said sorry it just wasn't safe!
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: bradsmith2010 on October 01, 2015, 02:49:18 pm
i like that story alot,,thanks for sharing,,  :)
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: warpath on October 01, 2015, 06:16:42 pm
I make and sell bows for a living and liability insurance really is a must!!!! I have "care for Your Bow" sheets that come with every bow as per the insurance company and ask a ton of question of each buyer regarding draw length to fit them with the bow that suits their needs best. All of this is done per insurance company including a paper signed buy the buyer stating that they understand the use and care of a handmade non-fiberglass bow. This way if there is a problem, the insurance company takes over any lawsuits that may arise. Never had an injury to any of my customer due to a bow failing and all have been satisfied with a replacement bow.
  In short, if you're doing it as a business, GET INSURANCE!!!! If you're just unloading bows to be rid of them, trade or give them away. Once money is exchanged, you could be responsible for accidents without the proper paperwork. Even with stupid people that think the bow is indestructable!!!
   Hope this helps. :)

  G-Monee   >:D
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Selfbowman on October 01, 2015, 06:38:32 pm
I do. But I'm VERY particular about who I sell to.

This is what I do also. If you have to school them a lot don't sell one.  Here are my questions. What is your draw length, string your bow for me, have you had one before , what are your needs - expectations. If they know this info then maybe. I guarantee my bows for a year and I don't won't a knee in one or someone over drawing my bows.this is a hobby that supports its self hopefully nothing more. Arvin
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: loefflerchuck on October 01, 2015, 11:24:33 pm
If it is a business of any size you can simply start a llc bank account to start and if anything happens you will need a lawyer to halt damages at that. Good point though. 
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Hamish on October 02, 2015, 01:50:54 am
When an injury lawyer takes a case they do so on the belief that they will have a reasonable chance of success, because they don't work for nothing, they take a huge chunk of the complainants pay out.   A lot of this nuisance/vexatious  litigation comes when big companies find it cheaper to pay out a nuisance complainant, or not want bad publicity associated with legal action even if they aren't actually in the wrong. Most cases don't even make it to court and are settled with a payout.
If the case went before a jury, or even with a magistrate I would back myself 100%. I have found magistrates not to be sympathetic with people that waste court time.  I have also found that magistrates aren't stupid either. Unless there is a case involving archery bows breaking that has set a precedent in your jurisdiction, that clearly states you are in the wrong, stop worrying.
An injury lawyer is not going to sue someone with low assets because even if they won the case they aren't going to get paid. You can't get blood out of a stone.

If you incorporate a business, and  then the business gets sued and you are not personally liable. If the assets of the business don't amount to much, the business might close down but you aren't going to lose your house. I don't particularly like this approach but so many weasel businesses that accept your money and fail to deliver the goods to an acceptable standard use this approach. They either close down and re open under another name or declare bankruptcy.
 


Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Del the cat on October 02, 2015, 03:20:10 am
Bravo Hamish... some sense at last!
Del
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Pappy on October 02, 2015, 03:47:13 am
 ??? Don't sell many but never really thought about it. ;)
 Pappy
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Del the cat on October 02, 2015, 04:43:05 am
Anyhow... I thought that in the US a Smith and Wesson out ranked a frivolous law suit? ;) >:D
Del
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Pappy on October 02, 2015, 06:40:54 am
 ;D ;D ;D ;D
  Pappy
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: toomanyknots on October 02, 2015, 03:27:44 pm
If you like had the buyer sign a weaver.

 Personally I've only had 2 osage war bows.

  A 98#er and a 109 #er. I've made 7 or 8 over 100 pounds.  I do'nt think a hunting weight bow built well enough to be sold to someone thats looked or held and shot.

  I OVER BUILD MY BOWS A LITTLE. That stops old joe when he just picks it up and over draws it.

You could just build em ALL over 100#, that will stop 90 percent of people from over drawing em too,  :).
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: toomanyknots on October 02, 2015, 03:29:56 pm
I looked into it years back and it was gonna run me something like $5k/yr.

What if you just started a limited liability company? Here in ohio it is only about 125 + 50 bucks to register your trade name, so like 175 total? Not sure what all they would protect you from though... In theory, say you got sued, and all you got in your "bow building business" is a couple osage staves and some tools, they can only take your staves and stuff. They shouldn't be able to go after your personal assets, only your LLC and what you got invested in it.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: toomanyknots on October 02, 2015, 03:35:55 pm
  Sorry boys I live in WV. kinda red neck in some ways. In 23 years of building,selling bows never gave it a thought once. But I'm not a sueing person, and twice I could have.

I got macked by a pizza delivery kid in a hurry when i was on a bike once. I had tons of lawyers sending letters. Everyone I know said I should of took one of those lawyers up on their offer, but instead I just took the first offer from the insurance company. In hindsight I prolly should of listened to everyone, but I wouldn't wanna screw over someones business just cuz some kid decided to smoke a joint before going to work...
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: toomanyknots on October 02, 2015, 03:40:42 pm
Short answer:-
No.

Read no further unless you enjoy sarcasm.
Long answer:-
For pities sake get a grip... you have obviously been brainwashed by insurance companies and lawyers. ::)
As has already been said, if you are really worried get them to sign acknowledging that they understand the risks of selfbows.
One reason I enjoy this craft is the total absence of paperwork.
I'm sure before long lawyers will be insisting we have public liability insurance the minute we are born.

Anyhow, they could never prove it was the fault of the bowyer (unless it blew first draw in your presence) It is their responsibility to check the bow every time it is used, store it correctly etc. That's one reason I like bows to be collected in person, not shipped as I always demonstrate them.
Oh dear I feel sick now... wish I'd never read this post.
On a scale of 1 to 10 for important life events this scores 0
Del
(Scurries off to write risk assessment before boiling kettle for tea  ;D)

I'd say if your gonna sell a bunch of bows, sell as a business and start a LLC that protects your personal assets. If you wanna sell just a few, just make sure you don't sell to a jerk that would sue you. Maybe sell to friends and family... that way, you might get to a chance once in a while to visit your old bow and see how it's doing,  ;D.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: DC on October 02, 2015, 06:58:07 pm
Sometimes friends and family can be the biggest jerks :(
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Weylin on October 04, 2015, 05:41:59 am
I make and sell bows for a living and liability insurance really is a must!!!! I have "care for Your Bow" sheets that come with every bow as per the insurance company and ask a ton of question of each buyer regarding draw length to fit them with the bow that suits their needs best. All of this is done per insurance company including a paper signed buy the buyer stating that they understand the use and care of a handmade non-fiberglass bow. This way if there is a problem, the insurance company takes over any lawsuits that may arise. Never had an injury to any of my customer due to a bow failing and all have been satisfied with a replacement bow.
  In short, if you're doing it as a business, GET INSURANCE!!!! If you're just unloading bows to be rid of them, trade or give them away. Once money is exchanged, you could be responsible for accidents without the proper paperwork. Even with stupid people that think the bow is indestructable!!!
   Hope this helps. :)

  G-Monee   >:D

Mind if I ask you what that costs you? I'm going the LLC/trust that people aren't A-holes route right now.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Del the cat on October 04, 2015, 07:08:49 am
I'm a bit bemused by all this... has anyone actually ever seen a significant injury from a bow breaking?

One of my mates shoots warbows and even those from 'big name' bowyers tend to explode with alarming regularity. Ok he's had the odd scrape on arm or a bump on the head, but nothing that would even warrant running to your Mom for.
Breaking arrows are possibly a more significant risk, but does anyone worry about that?
I seriously think the lawyers over that side of the pond should be culled for the health of the general public.

So I repeat, does anyone know of a significant injury caused by a breaking bow?
Del
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Marc St Louis on October 04, 2015, 08:10:04 am
I'm a bit bemused by all this... has anyone actually ever seen a significant injury from a bow breaking?

One of my mates shoots warbows and even those from 'big name' bowyers tend to explode with alarming regularity. Ok he's had the odd scrape on arm or a bump on the head, but nothing that would even warrant running to your Mom for.
Breaking arrows are possibly a more significant risk, but does anyone worry about that?
I seriously think the lawyers over that side of the pond should be culled for the health of the general public.

So I repeat, does anyone know of a significant injury caused by a breaking bow?
Del

I was asked this question not long ago and my reply was essentially the same
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: bushboy on October 04, 2015, 12:00:36 pm
I suspect an eye injury would be at the top of the list.i always tell people I have gifted a bow to were safety glasses.how ever I once tagged myself on the man tenders with a certain amount of discomfort!lol!
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Tree_Ninja on October 04, 2015, 12:27:54 pm
I feel like this stuff is blown out of proportion. 

A general sign-off of liability when item is purchased would be simple.

 As someone previously stated, the bowyer has no way of knowing what condition the bow is stored in or what sort of abuse the new owner may place on the equipment.

What if someone gets so excited about the perfect grouping of arrows he achieved at the archery range, and then decides to drive away at a very unsafe speed afterwards? Correlation does not prove causation.

 It would be tough for the injured to prove they were not negligent in the care of the equipment.  What would an "expert witness" claim? Can anyone even claim with legal certainty that a bow had failed due to manufacturer flaws? Pretty ambiguous stuff.

The only lawsuits google turned up is for cross-bow thumb amputations.

As for friends and family, I'm sure a sordid picture of historical negligence could be described in a court setting. "Billy, in 1982 did you or did you not jump over two of your aquantences with a bmx bike? Both of whom are present in todays proceedings?"
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Del the cat on October 04, 2015, 12:32:52 pm
I suspect an eye injury would be at the top of the list.i always tell people I have gifted a bow to were safety glasses.how ever I once tagged myself on the man tenders with a certain amount of discomfort!lol!
Not the usual fall back of a mythical eye injury! Anyone actually heard of one????
The possibility of one may be at the top of a list... BUT there isn't even a list to be top of...!
No significant injuries reported above the "certain amount of discomfort" level.
Anyone ever been sued for causing a certain amount of discomfort? ::)
Del
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Weylin on October 04, 2015, 02:35:59 pm
To be clear, I agree with you Del. I think the risk is blown way out of proportion and I find our American system of lawsuits disgusting.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: willie on October 04, 2015, 03:45:17 pm
I agree with most all here, that the worry about a broken bow bringing a lawsuit is somewhat overblown.

However, I wish to add a little to what Hamish said, concerning lawsuits and llc, for those that are following this thread in order to understand a little more about liability in general.

Quote
An injury lawyer is not going to sue someone with low assets because even if they won the case they aren't going to get paid. You can't get blood out of a stone.

a good point, and incorporation may help to further dissuade frivolous lawsuits.


Quote
If you incorporate a business, and  then the business gets sued and you are not personally liable.

Maybe, maybe not....

If you are an investor in the llc, but have no direct part in any day to day decisions that may lead to an injury, then your investment would be at risk, but your liability would be limited to the extent of your investment. and you would probably receive the benefits of incorporation.

If your management or workmanship can be found to be negligent in the event of an injury, you can also be sued personally. In that case,the llc may not protect you as much, as the injured party may characterize the llc as a shell you set up, to hide in from liability. This might be easier for them to do, especially  if you are a sole member llc (with no other investors), as there are few other reasons to being incorporated.

bottom line is that if you have a lot of assets at risk, llc is not a substitute for actual insurance coverage. As with most other thing in life, you get what you pay for.

I am not a lawyer, but please do not ask me how I know this.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JW_Halverson on October 04, 2015, 03:55:32 pm
I agree with most all here, that the worry about a broken bow bringing a lawsuit is somewhat overblown.

However, I wish to add a little to what Hamish said, concerning lawsuits and llc, for those that are following this thread in order to understand a little more about liability in general.

Quote
An injury lawyer is not going to sue someone with low assets because even if they won the case they aren't going to get paid. You can't get blood out of a stone.

a good point, and incorporation may help to further dissuade frivolous lawsuits.


Quote
If you incorporate a business, and  then the business gets sued and you are not personally liable.

Maybe, maybe not....

If you are an investor in the llc, but have no direct part in any day to day decisions that may lead to an injury, then your investment would be at risk, but your liability would be limited to the extent of your investment. and you would probably receive the benefits of incorporation.

If your management or workmanship can be found to be negligent in the event of an injury, you can also be sued personally. In that case,the llc may not protect you as much, as the injured party may characterize the llc as a shell you set up, to hide in from liability. This might be easier for them to do, especially  if you are a sole member llc (with no other investors), as there are few other reasons to being incorporated.

bottom line is that if you have a lot of assets at risk, llc is not a substitute for actual insurance coverage. As with most other thing in life, you get what you pay for.

I am not a lawyer, but please do not ask me how I know this.

1) No blood from a stone, sure.  But with a judgement against you hanging over your head, you cannot sell a used vehicle or even trade it in without losing the title.  You cannot sell a piece of real estate, and buying one is gonna be a drag because judgements stand against your credit rating.  You will pay.  In the end, you will pay.

2)  Thank goodness we have gotten rid of lawyers whipping up frivolous lawsuits.  So glad that is a thing of the past.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Weylin on October 04, 2015, 04:03:58 pm
How much protection does a waiver signed by the customer actually grant you in court?
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JW_Halverson on October 04, 2015, 04:21:30 pm
How much protection does a waiver signed by the customer actually grant you in court?

A friend of mine that retired from practicing corporate law at the highly advanced age of 51 yrs of age said it would work better stopping an arrow.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Eric Krewson on October 05, 2015, 09:27:39 am
A woman once sold 5 acres of my father's land she didn't own. He took her to court and after several years of litigation got his land back. His legal fees were much more than the land was worth but he wasn't going to let this woman steal his land. She was buddy-buddy with the judge and all the local officials so it was a tough fight.

My point is; although the chance of getting sued is slim, the thought of having to defend myself in court is not worth it for me.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: toomanyknots on October 05, 2015, 11:33:39 am
If your management or workmanship can be found to be negligent in the event of an injury, you can also be sued personally. In that case,the llc may not protect you as much, as the injured party may characterize the llc as a shell you set up, to hide in from liability. This might be easier for them to do, especially  if you are a sole member llc (with no other investors), as there are few other reasons to being incorporated.

I never understand this stuff... if the whole point of forming a limited liability company is to have limited liability (hence the name), why or earth does the shear fact you set up an LLC to limit liability cancel out your limited liability?

 :o

Whats the definitely of a shell company?
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: willie on October 05, 2015, 02:40:33 pm
tmk-
there was a time in this country when people who did not pay their debts went to jail. The llc was designed primarily for investors. We still live in a society where we are accountable for our damages to others, (hopefully to the same degree as our involvement in the action that caused the damage)....... ummmm... hold on, there might be something wrong with that last sentence........

As courts and the insurance industry seem to loose sight of whom they serve, perhaps there are alternative business strategies that can reduce the risk of nuisance lawsuits??
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JoJoDapyro on October 05, 2015, 02:43:14 pm
How much protection does a waiver signed by the customer actually grant you in court?
I was also told by an attorney that a waiver you sign for your kids to do things releasing the other party from liability means nothing. As you can not sign away the best interests of a minor. 
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JW_Halverson on October 05, 2015, 03:08:59 pm
If your management or workmanship can be found to be negligent in the event of an injury, you can also be sued personally. In that case,the llc may not protect you as much, as the injured party may characterize the llc as a shell you set up, to hide in from liability. This might be easier for them to do, especially  if you are a sole member llc (with no other investors), as there are few other reasons to being incorporated.

I never understand this stuff... if the whole point of forming a limited liability company is to have limited liability (hence the name), why or earth does the shear fact you set up an LLC to limit liability cancel out your limited liability?

 :o

Whats the definitely of a shell company?

There are things you can do that "rend the veil" separating yourself from your LLC.  The separation between yourself and that LLC are tissue thin, thinner than they paper it is printed on.  For example, if you use your company to further your personal opinions in a political or religious debate, like a certain hobby supply store recently did, it can breach those protections, leaving the corporate officers, owners, board members, etc to legal liabilities.  There are a lot of subtleties, and when it comes to a small (make that tiny) business a lawsuit is a lot like a knife fight.  Even if you win, you are likely to bleed out and be the second place loser.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Hamish on October 05, 2015, 08:07:51 pm
What I don't understand is many peoples reaction to this hypothetical situation where they might be sued. Actually not being negligent, is a pretty darn good defence. I wouldn't rely on a lawyer to present your case(legal advice certainly) but they are not going to do the best job to present your case due to lack of specific knowledge. If you are an experienced bowyer you are going to be the best witness, at demonstrating how much actually goes into making a wood bow, and how thorough the making and testing process is.
I will also add if you have let a bow with obvious problems out for sale I don't have much sympathy. Not only because it could cause damage, but even if it doesn't you will have to build that person another if it breaks, or refund them the money. This last reason is a pretty good incentive for not selling a bow that you aren't 100% confident in.

Judges, magistrates and juries have enough sense to see things with a sense of fairness if you can explain your case properly. They also don't tend to like lawyers who try to bully the average joe, ambulance chase. The legal system is not  like an episode of Law and Order SVU, where anything in your favour is tossed out for no good reason.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: JoJoDapyro on October 06, 2015, 11:06:54 am
If you are an experienced bowyer you are going to be the best witness, at demonstrating how much actually goes into making a wood bow, and how thorough the making and testing process is.

There in lies the problem. I am a Traffic control technician. I have 12 years experience in what I do. But, law firms have people who specialize in what I do as well, and they are more versed than I am. Thus, I need to make sure that every Traffic control plan I approve is done to the very letter. Any accident or injury law firm will have someone who will pick through all of the information, and find something that will show that you are at fault, If they can. If they can't they would either not take the case, or bully you into a settlement. Frivolous lawsuits are real, A company in Texas has been suing people who produce Podcasts for using a "Numbered system" to number their episodes. Adam Carolla was sued, and he spent $500,000.00 to fight it.

So, if you had the money to take, a law firm may be interested in taking it. Not that it is a problem right now, but the bar is set pretty low for some of those guys.
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: Selfbowman on October 06, 2015, 11:43:59 am
Does it realy matter . Do you think the money hungry ambulance chaser would not sue you if you gave them the bow. No different than a kid coming on your property and having a free swim and drowning. If they think you have money and they can get some they will. Arvin
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: BrokenArrow on October 06, 2015, 02:54:59 pm
Thanks for all your opinions and thoughts. :) :) :) :)
I personally always wear protective eye wear now and that was really my only concern for liability.
I had made a laminated bow a couple years ago and it was maple backed and a black walnut core (only maple backed bow I ever made or will ever make)
It was light and shot great for a couple months then BOOM!!!!!....I was left holding the handle and the limbs were dangling by the string. I realized I had been cut as one limb went behind me and came back and cut my cheek 2 inches short of my eye. Boy it happened in a millisecond.
I no longer make laminates for other reasons but only make self bows now.
Made me really think...
Title: Re: Does anyone sell a few bows and worry about liability insurance?
Post by: loefflerchuck on October 07, 2015, 12:33:56 am
Del and Marc ask how many people do you know who have been seriously injured when a bow blows? I have only heard the legend of the siyah of a broken composite going through a princes head in a old tale(I think it went like that). bows explode up and away. I have had a piece hit me in the head, but it was like a small stick falling off a tree.

 If you are making 1.5+ million a year and your 20 year old son is still living at home making $10,000 a year making bows in your garage... I think it would be time to worry and get some insurance.