Sep
06
2010
Can you be sued for selling a yard sale item, if it is found by testing to have minute traces of lead?
Posted by in lead selling, tags: found, item, Lead, minute, sale, selling, sued, testing, traces, yardCan you be held responsible to first having items tested before the sale. say a $10 item, that will run hundred’s or thousands for thorough Laboratory examination for potentially toxic substance. Another example of government being absurdly out of control?
Lead standards apply to new items, not used ones.
You cannot be sued as the item was not new.
Is this a hypothetical or has it actually happened to you?
You can be sued for anything. Look at the stupid warnings on products these days. Hell if someone brakes into your house and falls down your stairs they can sue you. The chance that they will sue and that if they do you will lose the lawsuit is almost non existent though.
Write up an “AS IS” disclaimer to all items being sold; seller “IS NOT” responsible clause. They can still sue, but this makes for a VERY, VERY tough case.