Legal Question in Consumer Law in California

Liability

We are a manufacturer of mobile electronics with global distribution. We are concerned with one of our products that may, if used INCORRECTLY, be cause for an accident while driving. How can we, the manufacturer, protect ourselves and our authorized resellers from potential lawsuits from consumers that have been in an accident while using our product. Our product is clearly marked with instructions stating DO NOT OPERATE WHILE DRIVING, but we do not want our resellers or their employees getting sued for INSTALLING or SELLING our product. We thought about having the consumer sign a release stating that the Manufacturer, Reseller, or Installer is NOT RESPONSIBLE for accidents caused by distraction while driving. Is this viable? Where can I obtain a sample of this type of form? Please help.


Asked on 7/17/02, 6:05 pm

1 Answer from Attorneys

Re: Liability

You need to prepare instruction sheets for your distributors, resellers, and installers. You should also have all of these businesses in the distribution chain sign releases and indemnifications. In other words, your contracts with these parties have to be VERY carefully worded.

Finally, you could get releases from the consumers themselves.

You would do best by hiring an experienced attorney to make sure the contracts are well-drafted and to guide you in the process. If you sell globally, you may also need assistance with intellectual property, international law, and other legal issues.

D. Alexander Floum is an experienced attorney and teaches law to both practicing lawyers and law school students.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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Answered on 7/17/02, 6:21 pm


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