lawsuits

[boots]

ok i just got in a big arguement with a friend of mine about people possibly starting a lawsuit against me for an upgrade service i do. i have done upgrades for friends and friends of friends. my friend john asked whats gonna happen when one of them shoots themselfs in the eye and wants to cash in on it? has anyone in this communtiy ever herd of someone starting a lawsuit over something dumb they did in airsoft? i think most of us are smart enough to wear saftey gear and take responsibility for our own studidity.

[Hoff]

I'd assume not. That's like saying the person selling the gun is responsible if someone decides to shoot themselves with it. You might want a disclaimer for good measure however.

[boots]

thats what im saying. i dont think its going to happen, but i guess it wouldnt hurt to make sure.

[omega1]

Let's put it this way: Is something YOU did, causing the rifle to fire into their own eye? You didn't sell the original product, which was just as capable of shooting an eye out, all you did was upgrade it. If by the gun's normal intended operation, it doesn't shoot the user in the eye, you will not be held responsible. Is a gun store owner going to get in trouble for selling a gun to someone (not a felon, minor, or someone obviously mentally deficient) that then shoots someone else, or themself , with that gun? No.

[Seagreen]

Anyone can sue anyone for anything.

The issue is winning.

[KA-BAR]

" your honor, i am jewish, therfore i win...."

"case closed, i find for the plantiff ol one eyed KA-BAR!"

[Ginocide]

Make clients sign a liability waiver.

Done.

[Pope_Alex_Kaeda_I]

Make clients sign a liability waiver.

Done.

*laughter*

That's a good one. Woah boy. I pretty much split my sides with that good joke of yours.

Bill said something wise a couple lines up. "Anyone can sue anyone for anything"

A perfect example - there are a few elderly people who are sueing various people and organizations because they entered into risky "investments", and lost their pants. When I'm not on my phones version of internet, if I remember this post, I'll link the news story.

[Pulsipher]

yep the waivers that airsoft events use are only a scare against lawsuits. its really just about if you win.!

[Pope_Alex_Kaeda_I]

http://www.nytimes.com/2007/12/24/busin ... ref=slogin
[quote]Eight years ago, when Robert J. Pyle was 73 years old, he had about $500,000 in the bank and owned a house in Northern California worth about $650,000. He was looking forward to a comfortable retirement.

Today, at 81, he has lost everything. Mr. Pyle, a retired aerospace engineer, now lives in his stepdaughter’s tiny, mountainside home in a room not much larger than his bed.

By his own admission, Mr. Pyle willingly made every decision that led to his financial problems. He gave away large sums to people he thought were friends, and then, in need of money, sold his house at a deep discount to the first person who offered to buy it.

Even so, he claims in a lawsuit that he should be compensated for some of his losses for a simple reason: he is old, and should not bear the full responsibility for his choices.

“I still make pretty good decisions about most things,â€

[CommieHunter]

I read in my business law course, that if there is something misunderstood by the signee in a contract (i.e., the fine print), then the case will probably be decided in favor of the signee, not the draftee.

I don't know if that goes for waivers, but, really, you can sue for whatever you want.

[Osmo]

I read in my business law course, that if there is something misunderstood by the signee in a contract (i.e., the fine print), then the case will probably be decided in favor of the signee, not the draftee.

You can't just say "Oh, I didn't understand the contract." There has to be a significant issue with the way the contract was written (e.g. confusing or ambiguous language) that supports your claim.

[CommieHunter]

Gotcha.

I haven't finished my course yet

[omega1]

Yeah, don't forget that when you sign a contract, you are in fact stating that you have read, understand, and agree to the terms and conditions of the contract. Therefore, as long as the contract is of legal standing, it should be pretty hard to win a lawsuit over misunderstanding the contract.

(a little off topic)
Remember, as the signee, you are not FORCED to sign that contract, it is your choice. It is also your responsibility to ensure that you understand the extent of what you are getting into. Only sign on the paper if it is something you truly want, it is that simple. This is extremely true for military service. If you don't have it in print on the paper you are signing, they don't have to uphold it. This includes promised MOS/rates, ratings, duty stations, etc. If you don't see it on the paper, then you have no promise of getting it once you sign and swear in. That is probably the biggest contract you can make in this life, is the contract of military service, so you better read it right, because there is no way you are going to win a lawsuit against the government for "not understanding the contract"