The other topic going on about selling bows to a retail shop got me thinking. If a non-business bowyer would to donate a bow to a charity non-prof organization to be auctioned or whatever they wanted to do with it, does anything need to be done with that as far as insurance, warranty or anything?
I don't know. There is always a worry about a bow you make breaking and hurting someone else. I know I worry about the few I've made for others. However, I've never actually heard of a specific instance where someone got sued because a bow they made failed and hurt the shooter. Have any of the professionals here been sued before? I suppose it could happen with the right ambulence chasing lawyer, but has it happened. Maybe the reason why you don't hear of specific law suits is that the majority of traditional shooters understand that a bow made of wood can fail and that's just one of the risks we take with this hobby.
I was recently approached about makeing a bow for a non-profit organization auction and must admit the possibility of it breaking and me being sued has crossed my mind. Not sure yet if I will build it or not.
I don't think a disclaimer would be a bullet proof way to keep from getting sued but I would think it would help.
To me a disclaimer says you expect something bad to happen but you will not take responcibility for it.
The best thing you can do is educate the recipient that the bow you are donating is not a toy and is not indidtructable. In todays world you can get sued for almost anything so if you are worried about being sued, don't participate.
I quess that's what I meant by a disclaimer. I try to let people know the inherent risks of archery. I do want to know and tell them to tell me if there are any problems. I show them the 7" tip of a BBO bow that I had bought for $400 that broke on me after owning it for about 4 yrs. I also give a sheet of highly recommended suggestions for a safe and longer life of the bow and safe use. I tell them I don't expect anything to happen but you never know.
QuoteOriginally posted by Pat B:
To me a disclaimer says you expect something bad to happen but you will not take responcibility for it.
I respectfully disagree with you Pat.... a disclaimer is stating a fact that you have no control over how the bow you send out will be used, maintained, or abused, and it's intent is to make a statement that you are passing that liability to the owner/user.
once that bow see's public use, you have no control over how it's used and abused. you have to expect the worst case senerio, and try and protect yourself...... granted... a disclaimer doesn't protect you from a law suite, but if one was to occur that disclaimer would be valuable.IMO
While not foolproof, consider what a "reasonable person" would think about your donation. If it is done in good faith, with a quality bow, I doubt you would have much problem in a lawsuit. That being said, the very act of defending yourself can be expensive if some jerk wants to sure you for doing a good thing. But you have a choice in life, live with a clear conscious and no fear of the "what ifs" or not.
It's best if you have shallow pockets too :)
This is a subject I've thought, and worried, about a lot. To me, building is strictly a hobby. I definitely do not want to be in the bow making business (or any other business... been there, done that). These worries are a part of it, but there is also the fact that I try to vary something about every build so I keep learning. Each bow is built with the idea that I will be shooting it for awhile to enhance that learning. Very few of my bows have gone to other hands, mostly in bowyer or related craft swaps. However, sometimes someone sees one and really wants it. Especially if it's a case of someone actually needing a light bow for physical reasons (something I can relate to), I weaken. The few that I've actually sold I explain the background... amateur builder... and that I have shot them, so they are, in effect, buying a used bows. I've thought some about donating. I have a lot of bows on the rack! However, I guess I'm still too nervous about it. Aside from liability, if someone got hurt with one of my bows, I don't know if I'd be able to continue the activity. I don't know of a solution other than going back to the days when a higher proportion of people had common sense and trusted each other... and that doesn't seem likely to happen...
Those of us that are in the business have insurance and i always advise the hobiest the risk they take when they build bows for someone other than for them selves.There has been alot of friends ,family members,ect. that have filled law suites against each other.I understand that donations are good hearted acts.But belive me that wont keep you out of a law suite.Or on the other hand say you do win a law suite,what did you pay in attorney fees.Its too bad things have to be like this,but they are.No one can protect us but ourselves.
If you really want to donate a bow, contact a product liability attorney. If you call one up for just some quick questions to see if donating a bow is worth it then there is a good possibility that they will not charge you. There are a lot of really nice guys out there who don't mind helping out.
Honestly, if you are serious about this then you really need to talk with an attorney and keep an eye on things from start to finish.
Also, be very, very careful, about what you tell the recipient as even "helpful" advice can have severe legal ramifications and again, talking with an attorney before you go down this road is not a bad idea.
believe it is possible to draw up a release of liability form with the organization that you are donating the bow to. that states that they take on any liability once the bow is donated to them. they likely have liability insurance.
Thanks for all the info gents. Its been very helpful and concerning.
depending on how big the non-profit org is, they may also have a lawyer on the board or on retainer. that lawyer may be willing to give you some options as well.
It does seem like this world is crazy about sueing!
Dont sign the bow and nobody can ever prove you built it to start with if they get "sue happy". I am donating a bow to a silent auction and it will be marked with length and draw weight only. I am going to send a slip of paper along with the rig as to proper care. As Pat said, educate the new owner and leave it at that. Sometimes you just have to trust your fellow man and feel good knowing you did something beneficial with your talents.
I thought about that PD. Not signing it gives it a little mystery. But I am sure they will find you if they really wanted to.
Prove it! is what I say. You were kind enough to donate.