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Old 02-13-2017, 05:15 PM
 
18,270 posts, read 17,120,557 times
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Sorry if this sounds paranoid but I was wondering: if I give an electric hedger to a friend and they injure themselves can they sue me?

 
Old 02-13-2017, 05:33 PM
 
Location: Tricity, PL
62,537 posts, read 88,622,382 times
Reputation: 132910
You could be responsible for injuries if there is a defect in the hedger that you knew about, but did not divulge. However, if your friend gets hurt because he/she does not know how to operate the hedger, that would be entirely the neighbor's fault.
 
Old 02-13-2017, 05:49 PM
 
18,270 posts, read 17,120,557 times
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Quote:
Originally Posted by elnina View Post
You could be responsible for injuries if there is a defect in the hedger that you knew about, but did not divulge. However, if your friend gets hurt because he/she does not know how to operate the hedger, that would be entirely the neighbor's fault.
Thank you for that. The circumstance is that it was lying around in my car when my friend was there and I was going to pitch it because I didn't need it and he said, Hey, don't pitch it. Give it to me." I didn't give it to him just yet. I said, "Let me find the charger and then I'll give it to you." I don't know if it's defective or not, it's been so long since I used it, but if you say there's a possibility that's good enough for me. I'll pitch it and give him a gift card to make up. Thanks much for the advice.
 
Old 02-13-2017, 05:53 PM
 
Location: Tricity, PL
62,537 posts, read 88,622,382 times
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Don't worry. You are giving it away in an "as is" condition. There is no liability just because it was your hedger.
You are not liable unless you intentionally modified the unit or you were aware that the unit had been modified from the condition it was in when it left the factory, and you had reason to believe that said modification made the tool less safe.
It would be not your fault if he didn't know how to operate it , or didn't act with reasonable care.

For peace of mind, you can charge it at home and check if it's working or not.

Last edited by elnina; 02-13-2017 at 06:05 PM..
 
Old 02-14-2017, 09:55 AM
 
Location: Johannesburg, South Africa
3,565 posts, read 2,139,591 times
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It would also help if you still had the user manual. That way he can't say he didn't know about the "health and safety" bullet points that all manuals have.

If you're really concerned have him sign a disclaimer/waiver
 
Old 02-14-2017, 10:05 AM
 
Location: The Circle City. Sometimes NE of Bagdad.
24,685 posts, read 26,266,318 times
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And if you don't have the user manual you might be able to find one on the manufactures web site.
 
Old 02-14-2017, 10:10 AM
bjh
 
60,510 posts, read 30,661,663 times
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Don't you love the smell of paranoia in the morning?! Never invite anyone over for dinner. They may trip and fall on a fork that you didn't provide an owner's manual for. The tines of the fork may pierce their skin and a major blood vessel opening you up to legal liability and one hell of a carpet stain.
 
Old 02-14-2017, 10:10 AM
 
4,314 posts, read 4,045,193 times
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Quote:
Originally Posted by motormaker View Post
And if you don't have the user manual you might be able to find one on the manufactures web site.
If I sell an old clunker of a car, I doubt I would be held liable even if the Owners Manual is missing.


I know our country is lawsuit happy, but I don't think we have to even worry about it here
 
Old 02-14-2017, 11:05 PM
 
Location: The Wild Wild West
44,753 posts, read 62,117,125 times
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OP you're only liable if you created and/or caused the liability. You can sleep easily now.
 
Old 02-15-2017, 01:31 PM
 
Location: Looking over your shoulder
31,304 posts, read 33,035,938 times
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Quote:
Originally Posted by bjh View Post
Don't you love the smell of paranoia in the morning?! Never invite anyone over for dinner. They may trip and fall on a fork that you didn't provide an owner's manual for. The tines of the fork may pierce their skin and a major blood vessel opening you up to legal liability and one hell of a carpet stain.

It’s a good thing I have all my house guests sign a letter of agreement releasing me of all and any legal responsibilities should they have any problems, issues or accidents while visiting on my property; and in or near my home to include travel to and from the property whether using private or public transportation.

So far only a few visitors come over and most don’t return for a second time.


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