Can You Be Liable for Selling Used Baby Equipment??

Updated on February 21, 2008
L.O. asks from Sterling Heights, MI
4 answers

I know there is at least one lawyer mom out there on mamasource...If you selll used baby equipment (garage sale, ebay..or whatever) can you be held liable if something happens to someone elses child?? I was realy asking about carseats.. but I suppose a kid could be hurt in a crib or high chair also..does anyone know what the law says... is it buyer beware?? as long as you sell items with full disclosure of any known problems.??

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L.W.

answers from Detroit on

As a "mom-lawyer" I agree with Nicole's advice. Make no representations about the product and sell "as-is". Of course, people can still sue you for anything - it won't mean they will prevail, but they can still cause you some headaches!

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D.S.

answers from Detroit on

When selling used items, i.e. baby equipment, car, etc you have to specify sold as is. Once you specify that clause you are not held responsible if something happens with the used items that was sold.

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J.B.

answers from Detroit on

I believe that once a car seat is re-sold, it no longer carries the same level of protection that it originally had. I believe that once a car seat is in a car accident, it should be disposed of. Not sure whether a person could sue, but when you buy something used, it's buyer beware!

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N.W.

answers from Detroit on

You should not be liable. Most people will advise not to buy used car seats b/c you won't know about recalls or if it was in a crash etc. The product manufacturer should be liable if there is a defect (you did not cause or contribute too) in the product. Of course, just because you should not be liable for any problems/ accident does not mean someone won't/couldn't sue you.

To protect yourself you should sell everything as is, with no representations about the quality, etc.

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