# Product Liability on cutting boards, etc?



## huff (May 28, 2009)

I know we've talked about product liability on other aspects of woodworking here on LJ's, but I don't remember if cutting boards have been discussed much. (Product liability as far as type woods used, finishes, etc. What if a customer has an allergic reaction from one of the woods used or a type finish used on the boards)?

Does using walnut or hickory in a cutting board expose anyone that may be allergic to nuts to actually be affected?

It was a question presented to me by another LJ'er and I had never given it much thought.

Even though I always finished them with a food safe finish, it sure poses a good question…...what if someone actually had a reaction using one of our boards.

Does our typical liability insurance cover that? I doubt it.

If you look on Etsy and search hand made cutting boards; you will find over 10,000 boards available for sale. You have to wonder if anyone has given it much thought or check with any liability attorney's for their input.

Anybody have much experience in this?


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## mojapitt (Dec 31, 2011)

I just made 4 cutting boards for a gentleman. 3 in black walnut and 1 cherry. The cherry was because a granddaughter has nut allergies and he didn't want to take a chance on the wood. My understanding is that it is in the wood as well.

As far as liabilities, if you tell what the wood is up front, I would think that is all you need to do.


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## huff (May 28, 2009)

Monte,

Thanks for your input.

Back when I first started making them, that's what I read; make sure you disclose what woods were used and the type finish, but I never actually talked to an attorney about it.

Most of the boards I ever built and sold were more for "Decor" and not actually to be used, but I still had a product information label made that explained the woods used, the finish used and the proper way to maintain them.


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## DocSavage45 (Aug 14, 2010)

In a one to one customer driven purchase you have already negotiated the terms and conditions. You have made a "good faith" effort. I'm thinking purchasing a cutting board already made, at a show? I believe a content label such as in clothing would also be a "good faith" effort. Should a customer have a reaction.

Might even put a warning re: materials used have been known to cause allergic reactions.

It's a sue happy word. And there are a lot of attorneys who are finding creative ways to make money.


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## huff (May 28, 2009)

*It's a sue happy world. And there are a lot of attorneys who are finding creative ways to make money.*

That's the truth! When you can sue McDonalds and win a huge settlement because you spilt hot coffee on yourself and got burned!...................maybe they shouldn't be allowed to drink coffee instead of rewarding them for being stupid. lol


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## mrg (Mar 10, 2010)

Go into a store like William Sonama and look at the cutting boards. The packing says what they are made of and that is about it. If you follow what is on the labels of the larger manufactured boards you should be OK.


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## Blackie_ (Jul 10, 2011)

I understood that once you put a finish on any wood it seals it, so I am curious as to how anyone could still develop a reaction? As for as finishes and FDA goes, I also understood and have read that most all finishes once they've cured they no loner pose a hazard, plus I've never heard of any news, or law suit in this regard or related.

How would anyone know or be able to prove it was the cutting board that caused their illness?


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## prospector45 (Aug 30, 2013)

Blackie, most of the finishes I see on LJ for cutting boards is mineral oil
And beeswax. That finish does wear off with use and washing. I would think that the large retailers are going to demand product liability no matter what the product. Think deep pockets. 
This is good topic to pursue. In Ohio it would cost $400+ to form an LLC. That would include additional agreements to show that the individual is "leasing" the equipment to the LLC. That is a hefty sum for the hobbiest/small business.

Would the homeowners insurance provide coverage?


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## RussellAP (Feb 21, 2012)

I found this, which says it's safe along with legal speak cya and all that.

"Walnut wood and several other woods have small amounts of juglone, but much lower amounts than other plant parts, for example nuts, bark, and roots. The potential for toxicity should be minimal in cutting boards, which are dried. Juglone is not very soluble in water, so I would not expect it to come out of cutting boards and into food very easily. I would think that the concern for toxicity from this source would be minimal, but again, we have no direct research and I am not aware of any specifically on this topic. However, if you are cutting the wood and there is sawdust, then protection from the sawdust is in order.

Best wishes,

Brad Hillman"

Bradley I. Hillman, Ph.D.

Director of Research
New Jersey Agricultural Experiment Station;
Professor, Plant Biology and Pathology
Rutgers University
New Brunswick, NJ 08901

Office: 104 Martin Hall
88 Lipman Drive
848-932-3777

Lab: 339 Foran Hall
59 Dudley Road
932-9375 X 333

Mobile: 609-933-9049
Fax: 866-365-7736
e-mail: [email protected]
e-mail2: [email protected]


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## JoeinGa (Nov 26, 2012)

I should think that if a person has nut allergies and they are looking at buying cutting boards, they would KNOW to stay away from boards made from "nut" trees. If they were dumb enough to buy one anyway, and get sick, it would be pretty easy for your lawyer to say "This person KNEW they had nut allergies, yet they bought a cutting board from my client KNOWING it was made from a (insert nut of choice here) tree.

Case dismissed!


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## Wildwood (Jul 22, 2012)

Allergies are funny most people associate them with children. Many children do outgrow their allergies, and some do not. Adult acquired allergies stay with people the rest of their lives.

Adults and children may be allergic to nuts but not wood or allergic to wood but not nuts. Then have those people allergic to both nuts and wood.

People may not be allergic to wood you use to make your cutting boards, but may or may not have a reaction to Tung or Walnut oil finish.

Think only real problem is adults not knowing they are allergic to wood. Not sure if that creates or releases you from any liability or not but by labeling you are practicing due diligence.

Peanuts, Nut, and Wood allergies are all different, doctors cannot tell you or know why some people bothered by one and not the other and some people bothered by everything.


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## Blackie_ (Jul 10, 2011)

I don't make cutting boards but…. I do however make functional wood beer mugs (Stein) and I use a two part 30 min epoxy that I get from the hobby store, Hobby Town USA to line the inside of the mug with, that being said I'm not going to fork out the $$$ for an LLC that's why I optioned from a DB instead and I know I'm not covered but what can I do? I don't think I have to worry about the epoxy.

As for as cutting boards go, etc…. you'd thing there would/should be a statue of limitations on the time line, not sure what that'd be but over a period of time in the event something you sold were to cause an issue be it several years down the road would/could you still be held liable ?

it all still lies in the burden of proof.


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## Knothead62 (Apr 17, 2010)

I would contact a lawyer before I went any farther with this idea. Also, ask about the liability of an LLC, sole proprietorship, etc. I was told by a lawyer/CPA that you pay personal income tax PLUS corporate tax.


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## DocSavage45 (Aug 14, 2010)

Having done Subchapter S corporations in the past, It is only a tax benefit and not protection from liability. Insurance covers that. I had to stop my handyman services when the liability was more than I was making???? LOL!

Homeowner policies are specific to the home, and may not cover many things. Not even your shop equipment. Please read it carefully. You can talk to an insurance agent who knows liability issues?

Google local laws regarding liability issues. Disclaimers are the way to CYA. Ever watch any woodworking video that you purchase or put out by a professional? disclaimers!!!!


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## rustfever (May 3, 2009)

Anyone can sue anyone for any reason. Many lawyers will take on any client hoping for a big settlement.
Good Luck!


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## huff (May 28, 2009)

Doc makes a good point about Homeowner policies and that is they are specific to the home. The liability part for the homeowner would be for that only; that is if someone got hurt while at your home or something like that.

An Insurance agent would be the best to get the facts on what types of liability insurance's there are and what each will cover.

I operated my business as an LLC for years, but eventually went back to being a sole proprietor. My attorney didn't feel it gave me that big of an advantage being an LLC. An LLC is exactly what it says; it's a Limited Liability Company so it only protects you to a point.

Like rustfever stated; anyone can sue anyone for any reason. I've never heard of anyone being sued pertaining to a cutting board, but thought it would be of interest to woodworkers what others thought and may have run into with their experiences.


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## prospector45 (Aug 30, 2013)

Doc, May have the best point re: disclaimers. The ultimate may be: This cutting block my be used for firewood, all other uses ate not warranted.
I have an umbrella policy on the homeowners policy that covers additional situations that may arise. I will contact them Monday and provide followup.


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## Blackie_ (Jul 10, 2011)

I thought about what I said and also retract the statement "burden of proof" as that falls under the defendant's umbrella, yours if someone decides to sue you.

I don't think there is an answer to this, it's all about money and lots of it so I guess it's just a risk we take.


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## spud72 (Oct 31, 2008)

interesting discussion. I hardly ever make any cutting boards anymore. You can now get really nice cutting boards made of bamboo at really low prices.


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## OggieOglethorpe (Aug 15, 2012)

A few points about LLC's:

- If you personally make a product or perform a service, an LLC doesn't do much, because you still carry a liability for your own personal actions. It normally protects you from the actions of others, like other members in the LLC, employees, suppliers, or subcontractors.

Lots of small airplanes that are owned by more than one person are in LLC's. Since airplanes that crash tend to cause lots of expensive damage and hard feelings resulting in legal action, the point of this is to protect the property of owner(s) not onboard at the time of the crash. The LLC usually does nothing for an owner who is personally flying at the time of the accident, as he or she would most likely be named personally, in addition to the LLC, in a lawsuit, but is designed to limit the exposure of the others to their share of assets in the LLC.

- Tax-wise, every LLC I've ever seen or been involved in was a "pass-through entity". Tax status was always determined by the business structure behind the LLC, such as a sole proprietorship or S-corp, not the presence of the LLC itself.

The bottom line… If you sell a cutting board that you made yourself, you're open to action, regardless of the presence of an LLC. If your employee made the item, or you're reselling someone else's item, the LLC would help protect property not owned by the LLC, like your house, savings, future earnings… and limit liability to what is owned by the business entity itself.


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## prospector45 (Aug 30, 2013)

Barry,
You are probably correct in your comments, however the board maker would be an "employee" therefore the LLC would offer work shield protection. The really of things everyone would be listed as a defendant.
Homeowners insurance will not provide any protection if the items are being sold. A commercial policy would be required.
I think the earlier posters were on the right track, list the woods in the board and let buyer beware.


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## Wildwood (Jul 22, 2012)

Think lot of you folks over thinking allergy liability. People with wood allergies avoid touching bare wood to avoid contact dermatitis and other symptoms. Some people allergic to pine pollen with exhibit systems toughing a pine board.

Many of the wood species we use for our projects are known skin irritants. Many of us not bothered with any symptoms merely handling wood. Some species are known sensitizers the more you handle, and with exposure to dust can affect skin, eyes, or lungs over time or immediately.

If you are really worried about liability for products you produce really have to read and understand complete description of coverage and exclusions of your insurance Crafters/Tradesman or Business Owners Policies. Homeowner or renters policy may not protect you!

Big show/events require proof of liability insurance when registering today. Many Craft/Tradesman policies bought by number of days or annually do not cover business, personal property or products protection.

Some BOP or business owners policy will cover you while away from home too. Whether it is better to carry a Crafter/Tradesman or BOP depends upon your situation. Devil is in policy details and cost!

The inexpensive crafter policy I had did not protect me from much, did save promoters and property owners from liability if my display table collasrped and someone broke a toe. People could steal all my stuff & and would get nothing.


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## Kentuk55 (Sep 21, 2010)

Gr8 questions….......Gr8 answers. Thnx for everyones input. Very interesting.


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## HowardInToronto (Sep 27, 2013)

Knothead62 had the right answer.

We're woodworkers. Not lawyers. Spend a few bucks. Get the correct answer from (hopefully skilled) professionals who know how things really work in the real world of product liability.

It's mighty cheap insurance.

BTW - you can't just copy the stickers Williams Sonoma has on its gear. That sticker is just the front-facing thin edge of the wedge the customer sees. You have no idea of the legal muscle they've got behind the scenes to cover their own A**ES.

Howard


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## bigblockyeti (Sep 9, 2013)

I've made a few too, but only as gifts for friends and family. I too worry, less about finish, but more about allergies to the wood itself and potential tiny fragments being cut away and ending up in food from someone a little over zealous with a knife. As far as statute of limitations, not sure that ever goes away, case in point, I have a low voltage IKEA light in my basement (that has been discontinued for a while now), the power supply burned one of the output terminals without blowing the fuse. The supply was mounted right to one of the floor joists and there was no indication that anything had gone wrong other than the light stopped coming on. I contacted IKEA, just to find out if this was common and a BIG deal is being made of it. Nothing happened to my family, myself or my property so I have zero intention of pursuing legal action as it's unnecessary. Sure a fire could have started, but it didn't and despite what I view as a slight danger, I'm not one to make a big fuss over the danger I was exposed to. Not everyone would respond the same and it's those people that I would not want to have a cutting board that I sold and someone have a reaction to food that was exposed to that board.


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## Knothead62 (Apr 17, 2010)

" potential tiny fragments " 
That is why restaurants use plastic cutting boards plus now they are color-coded for meat, veggies, fruits, etc. Strange but certain woods are acidic and are actually antibacterial.


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## BillWhite (Jul 23, 2007)

Kinda makes ya wonder how we ever survived all those years eating meat cut on the old meat cutter's butcher blocks. Yeah, they scraped 'em every so often, bleached 'em too, but…..............
In my mind, arbitrary litigation is just a way for some consumers to profit from their own stupidity.
Now I feel better.
Bill


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## AandCstyle (Mar 21, 2012)

+1 Bill


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## Purrmaster (Sep 1, 2012)

I've been wondering about nut allergies and wood allergies and was glad to see this thread.

A couple of comments.

I'm allergic to all tree nuts (not peanuts as they are legumes). I made a couple of cutting boards out of walnut and I didn't get any reaction from working with the wood. Same with hickory (aka pecan) and butternut (aka white walnut).

I had been worried about working with walnut. It didn't even occur to me about hickory and pecan nuts.

Now I'm concerned about giving nut tree cutting boards to people…


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