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Discussion Starter · #1 ·
I may have the chance to sell some custom turned candle holders to a local retailer for resale. My only concern is that I usually put a glass cup on my candle holders when I give them to family and friends and the retailer only wants the candle holder themselves. My question: If someone would purchase one of these from the retailer and not use an approved glass cup to put the candle in, who I be held liable should they set their home on fire? I know a lawyer would be the best authority, but I wanted to know your feelings on the subject.:help:
 

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I would think that if you have offered the glass cup and they refuse then the liability would be on the retailer. What about putting a sticker on the bottom warning of such a problem and advising to only use approved glass cups. I would think that would take the liability away from you also.
 

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Discussion Starter · #3 ·
Thanks, Big Dave for your response. I will have to look into that. I normally initial the bottom of my candle holders, but maybe a warning could be added.
 

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Hi oscorner, I appreciate your dilemma. But realy this is not an issue for a forum to solve. While it can be discussed here a subjectively, and while some of us jailhouse attorney's (I admit: guilty as charged) might be able to tell you the same thing a licensed attorney can regarding general liability, it is an extremely complex area of law.

In some cases, placing a warning label in a case such as yours can actually increase your liability. It tells the plaintiff's attorney that you were aware of the need of a safety feature or device but did not take sufficient steps to ensure that the end user would be aware of these features or safety necessities. He can have his way with a jury.

It's a damn shame. You have a neat product; a quality product. You want to offer it to the public, but because of their neglectful use of the product you can be sued, successfully I might add, because the line of responsibilty is drawn so far away from the customer that you become responsible for their idiotic use of your product.

"Yes your honor, my client sat the lit candles right next to the drapes, but that is irrelevant. The manufacturer should have provided a user's manual explaining the risks of using the candles next to the drapes . . . " :blink:

You need an attorney to answer your question. I hate to say that, but unfortunately in this age of un-reason . . . . . .
 

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Discussion Starter · #6 ·
I understand what you are saying and agree that it is ashame that Americans won't take resposibility for their own actions. I will seek the advice of an attorney if I decide to try to sale my work. I'm reluctant to do it, not just because of the legal ramifications, but because I'm not sure I want my enjoyable hobby to become work. I appreciate the two of you who were willing to talk about my delima with me. Have a safe and Merry Christmas!
 
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