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Question regarding a disclaimer for a rubber band gun

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Forum topic by PantsBoy posted 10-18-2016 10:22 AM 189 views 0 times favorited 3 replies Add to Favorites Watch
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PantsBoy

16 posts in 755 days


10-18-2016 10:22 AM

Hi all,

I’m looking for some ‘legal’ advice – I’ve started making some rubber band guns for sale, and I’m wondering if it would be wise to have some form of disclaimer attached to it? Of course it’s better to be safe than sorry, so does anyone have any suggestions or samples for me to use?


3 replies so far

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TravisH

452 posts in 1398 days


#1 posted 10-18-2016 11:17 AM

The reality….. frankly have more money than the other guy.

I think it really boils down for most is the likely hood of it happening is slim and we operate in an area of little risk. I think it is one of those things like eating raw cookie dough. Yes may get sick because of the raw eggs but in 40 something years never has and likely never will, but always a chance.

A disclaimer is not going to be an iron clad ‘safety” card in my opinion. Only way around this is to spend the money upfront with a lawyer and work out all the bells and whistles if truly concerned. Product safety testing, etc… Some guidelines from the Consumer Product Safety Commission, Etsy at one time had a lot of information, and other sites as popular topic.

If you sold your rubber band gun to a 12 year old and he proceeded to use it on his sister and say hits his sister in the eye probably nothing going to happen. Lets say he gets crafty and manages to put a pencil in it (as a parent I would put it on my child for using it improperly, others?). What if some part of the fire mechanism is defective and next time he uses it it fails and a piece flys out into the eye, etc… Likely hood of happening slim. Some of the incidents would likely be a given to occur and falls more on the use of the product of the individual what happens as the cause falls more towards the manufacture, construction issue, use of poor product, and several other items.

Many parents would see it as crap happens and wouldn’t think of coming after you. All it takes is one, especially with deep pockets, and you may be headed for trouble even if “legally” protected. Likely you would “win” but the question is can you afford to “win”.

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TravisH

452 posts in 1398 days


#2 posted 10-18-2016 11:22 AM

Sure others have looked into much more deeply. Look forward to the responses. I made some toy bow and arrows and absolutely hated giving them to my wife. I stopped at three and said no more. The PVC/pool noodle sets. I could hit a solid object with them and drive the dowel through the noodle. Ended up gluing and wrapping the end of dowel with duct tape and reinforcing the inside of noodle with tape to keep it from happening but wouldn’t make them again.

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PantsBoy

16 posts in 755 days


#3 posted 10-18-2016 11:24 AM

Thanks Travis, yes I understand the mentality behind this – and I think it is a sad reality of ‘modern’ society.

As a precaution, however, I’d like to have something put down in writing that states some of the obvious dangers, and of course warns against them. If you cover yourself this way and make sure the person buying the item reads it (for example by making a seal around it that must be broken before use, with the wording on it in several languages) ... a lot of ifs, and’s ,and buts, but it may help if someone decides to litigate.

It would (Should?) end up putting the onus on them to prove that they did not read the disclaimer.

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