[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

RE: [PSUBS-MAILIST] Product liability?



Hi Stephen,
 
Thanks for the input.  The "as is - where is" concept is similar in the U.S.A. too.  No need to destroy your used psub just yet!  8^)
 
Cheers!
 
Jim

Stephen Pearce <sjpearceqld@bigpond.com> wrote:
Hi everyone
 
Well you could sell second hand personal Subs in Australia without these problems although the freight might be a bit high. Here if you don?t offer a warranty or guarantee and sell the sub on an ?as is where is? you cannot be held liable.
 
As a claim or suit would not get past the magistrates court it would only cost $125.00 to defend it yourself. Maybe this is just a U.S. problem? What is the case in Canada or the U.K. and Europe?
 
Stephen Pearce
 
-----Original Message-----
From: owner-personal_submersibles@psubs.org [mailto:owner-personal_submersibles@psubs.org] On Behalf Of Jim Pesanka
Sent: Thursday, 23 February 2006 6:58 AM
To: personal_submersibles@psubs.org
Subject: Re: [PSUBS-MAILIST] Product liability?
 
Before I jumped on that bandwagon, I'd consider the facts. 
 
Has there ever been a liability lawsuit against the seller of a homebuilt submarine?  Not that I know of.
 
Should Dale Heinzig or Carsten Standfuss have destroyed Snoopy or Sgt. Peppers before they went to other owners?  I don't think so.
 
Is there any regulatory agency defining criteria homebuilt sub manufacturers must adhere to, as is the case with professional sub manufacturers?  No, there is not.  So how is malfeasance or negligence defined without such criteria?  One can't fall short of a standard when no standard exists.
 
The person buying a homebuilt submarine knows what he is getting into: a non-certified vessel without established design or construction criteria.  And they are probably sold "as is" and without warranty.
 
With all due respect, what we have here is only Ray's opinion, and shouldn't be taken as gospel by those who want to build, and perhaps one day sell, their own psubs. 
 
Cheers!
 
Jim 
 

john <mongo14904@yahoo.com> wrote:
hi all
I second what Ray says!!!

--- Ray Keefer wrote:

> Hi,
>
> Anyone building a submersible with the idea of
> selling
> it had better get it certified by a recognizable
> agency, be insured for a lot of money and be
> incorporated.
>
> Remember that once you sell it that submersible is
> beyond your control. Maintanance manuals will get
> lost. Corrosion will take its toll. And the brain
> dead
>! ; juriest will probably say the manufacturing is
> liable.
>
> If you want to build submersibles as a business.
> Consult a lawyer and set up your operation with the
> idea of protecting yourself.
>
> As a hobbiest. Do not sell your sub. Destroy it.
>
> Regards,
> Ray
>
> --- Akins wrote:
>
> > Hi Joe.
> >
> > Good point. I have no idea how liability would
> work
> > regarding a homebuilt sub though.
> > Bill Akins.
> >
> >
> > ----- Original Message -----
> > From: Joseph Perkel
> > To: personal_submersibles@psubs.org
> > Sent: Friday, February 17, 2006 12:17 PM
> > Subject: [PSUBS-MAILIST] Product liability?
> >
> >
> > Bill Akins wrote:
> >
> > "Remember the "Needlefish" submarine for sale a
> > whi! le back?"
> >
> > This brings to mind a question about product
> > liability. In the homebuilt aviation industry, you
> > are the manufacturer of an aircraft that you built
> > and sold to a third party. Even if that person
> signs
> > a liability waiver, successive owners and thier
> > survivors are not so bound. You may be liable if
> the
> > thing comes apart and it can be proven to be a
> > manufacturing defect.
> >
> > How does this apply to homebuilt boats? I say
> > boats, because in most states your K-350 has to be
> > registered as a boat and therefore...legally, that
> > is what it is.
> >
> > This may have been covered in years past but, I
> > have not been a party to it and the archives are
> > tedious. It's a bit important to anyone selling.
> >
> > Joe
> >
&! gt;
>
> __________________________________________________
> Do You Yahoo!?
> Tired of spam? Yahoo! Mail has the best spam
> protection around
> http://mail.yahoo.com
>
>
>
>
************************************************************************
>
************************************************************************
>
************************************************************************
> The personal submersibles mailing list complies with
> the US Federal
> CAN-SPAM Act of 2003. Your email address appears in
> our database
> because either you, or someone you know, requested
> you receive messages
> from our organization.
>
> If you want to be removed from this mailing list
> simply click on the
> link below or send a blank email message to:
> removeme-personal_submersibles@psubs.org
>
> Removal o! f your email address from this mailing list
> occurs by an
> automated process and should be complete within five
> minutes of
> our server receiving your request.
>
> PSUBS.ORG
> PO Box 311
> Weare, NH 03281
> 603-529-1100
>
************************************************************************
>
************************************************************************
>
************************************************************************
>
>


__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com



************************************************************************
************************************************************************
************************************************************************
The personal submersibles mail! ing list complies with the US Federal
CAN-SPAM Act of 2003. Your email address appears in our database
because either you, or someone you know, requested you receive messages
from our organization.

If you want to be removed from this mailing list simply click on the
link below or send a blank email message to:
removeme-personal_submersibles@psubs.org

Removal of your email address from this mailing list occurs by an
automated process and should be complete within five minutes of
our server receiving your request.

PSUBS.ORG
PO Box 311
Weare, NH 03281
603-529-1100
************************************************************************
************************************************************************
************************************************************************
 

Yahoo! Mail
Use Photomail to share photos without annoying attachments.


Relax. Yahoo! Mail virus scanning helps detect nasty viruses!