bowyers liability

RDover · August 24, 2010, 10:05:00 PM

I've built several bows for myself and a few for freinds. I've had a few people I didn't know ask me to build one for them but I am always reluctant because I don't know about the liability involved. I was curious how a person can cover themself in case of a bow failure. What if injuries are involved? Thanks for any advice.

JamesV · August 25, 2010, 03:07:00 AM

That is a very good question and I would be interested in the answer also.......James

chrisg · August 25, 2010, 03:34:00 AM

Don't know about the States but I produce a small information sheet about care and the use of the bow and attach it to the receipt. I get them to sign the receipt. On that sheet is a 'disclaimer' of sorts that says that as the bow will be used outside of my supervision the user is responsible for unforeseen mishaps. As far as failures go I also state that while every care has been taken the materials can fail due to misuse or damage e.g. overdrawing all wooden bows. It is the users responsibily to handle the bow as it was designed to be handled. I read those provisions out to the person and show/demonstrate proper handling when I deliver the bow. There can be no comebacks for abuse and misuse.
It is a worry and I also only make a few bows. Perhaps the pros have a more informed view?
Chrisg

Jeremy · August 25, 2010, 08:04:00 AM

Do a quick search here on "liability" and you'll get some bowyer's views. They've generally quoted $900-1200 a year, but I don't know what the coverage is for that.

Unfortunately we live in a society where idiots will sue for almost no reason. Remember the idiot who sued McD's for the coffee burning them when they spilled it in the car? My father-in-law (a teacher) built picnic tables during the summer for extra income. Some idiots managed (or claimed anyway) to tip one over and sued him. His liability insurance covered it, but he was forced to stop making them. I can barely tip one of these things over to mow under it!

Make a quality product and you'll likely not run into problems... but cover your six anyway!!

Eric Krewson · August 25, 2010, 08:50:00 AM

I sold a few bows over the years but the haunting realization of the possibility of some lowlife claiming injury and taking everything I worked my whole life for made me have second thoughts about ever selling another bow.

Apex Predator · August 25, 2010, 09:46:00 AM

Insurance would eat half my annual profit! I set up a limited liability corporation instead. If I get sued they can only take business assets and not my personal ones.

Jeremy · August 25, 2010, 10:26:00 AM

AP,

I've heard plenty of examples of an LLC NOT protecting the personal assets of the owner. Extreme care needs to be taken to ensure there is NO cross over (utility bills, property taxes, equipment costs - anything that can be used to make the case it's not a completely separate entity) or you're up a creek. A good lawyer (there's an oxymoron for you) can find ways around it.

Joey V. · August 25, 2010, 01:26:00 PM

Ya know I worry about this a lot now that I have a few bows out and about.... I was thinking of an LLC but after Jeremy's post I don't know if it is worth it. Do you think it would cover you to have insurance and no LLC? Also how hurt can you get from a bow blowing up? I had a self bow break right at the site window and the limb hit me in the eye. It knocked me for a loop but I didn't even get a cut. So are you guys worried about someone shooting someone with it? If so can I truly be liable?
THX

Eric Krewson · August 25, 2010, 06:16:00 PM

A lawyer who works for a cut of the action will go for your throat. A few anti hunters on the jury and you don't stand a chance.

RDover · August 25, 2010, 10:37:00 PM

I'm mainly worried about bow failure. So far I've only had one delaminate and no one was injured. Would having them sign a waiver with the reciet help? What about a disclaimer stating that sometimes wood breaks and offer a replacement only?

p.s. It's great to pick like minded minds with the same intrest in archery. I really appreciate your opinions.

Chad Orde · August 26, 2010, 08:24:00 AM

That's what I hate about how this country has become! You want to build some bows for extra cash to support your family or just for fun but then in the back of your head you're like should I do this can I get sued, its silly. Idiots used to get what came to them now they get paid by our court system.
Still I say go for it if you want to this is a free country and you only get one crack at life!

Joey V. · August 26, 2010, 08:45:00 AM

I think a disclaimer and insurance will most likely protect you. On the other hand, look at what the system did to handgun makers..... That was sweeping legislation passed to let individuals sue over accidents. I don't think it covers the bow industry but who knows....

John Scifres · August 26, 2010, 10:53:00 AM

When I get to worrying about these things, and I do, I just read Matthew Chapter 6.

I stopped selling bows after a couple for this reason and the excise tax on bows. I like to sign my work. Wouldn't take a genius to track me down

jsweka · August 26, 2010, 10:43:00 PM

It seems that I'm in the same boat as a lot of you. Build a couple bows, then your buddy wants you to build them one, then your buddy's buddy wants one, and pretty soon people you have never even met are wanting on. I like building bows, but I've turned folks down that I don't know very well for fear of it breaking and hurting them. Besides, it's my hobby and I've got a day job.

Every now and the topic of being sued when a bow you made for someone else breaks. In today's world it is a legitimate concern. However, has anyone ever heard of a specific case where bowyer (novice or professional) has been sued? I haven't, but the chance is still there.