Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigslist

My question involves a consumer law issue in the State of: Wisconsin

What is the liability of the seller of an item on craigslist after the sale? I was thinking about the case of a chain saw. If the buyer of the chain saw was hurt using the product could they sue the seller if the seller was unaware of any issues with the product?

is this just a question because you are curious or is this a real situation. If it is just curiosity, very specific facts would be required and since it is not a real situation, there are no set facts to depend on.

but based on only the facts you presented, the seller would have no liability.

Only in the case of a sale regarding an item requiring special training might a seller be liable. A court would apply the standards used when purchasing the item new. For example, I purchased a bottle of Everclear the other day. They made me give all personal info including reason for purchase. Further, they briefly discussed the warnings on usage.

Quote:

---

Quoting Disagreeable

---

Only in the case of a sale regarding an item requiring special training might a seller be liable. A court would apply the standards used when purchasing the item new. For example, I purchased a bottle of Everclear the other day. They made me give all personal info including reason for purchase. Further, they briefly discussed the warnings on usage.

---

what? It has no more alcohol in it than Bacardi 151 rum. Never had any sort or warning buying 151.

Quote:

---

Quoting jk

---

what? It has no more alcohol in it than Bacardi 151 rum. Never had any sort or warning buying 151.

---

Actually, Everclear is 190 proof.

jk,

Was both real and hypothetical. Real in that I actually was thinking about putting up a chainsaw for sale on craigslist, seeing if I could get seventy-five bucks for it. But then started wondering that if I'd be making seventy-five dollars at the cost of potentially loosing much more through liability if the buyer got injured by the tool. These things can be pretty dangerous. When I was a boy my father was using one and the chain broke, flew back and cut him bad enough where he ended up in the emergency room.

The question is hypothetical in that the same concern would apply to many other things I might sell on craigslist as well, for example other tools.

However, sounds from the replies above that I was probably being overly cautious.

Rule of thumb: you would generally have no liability for selling anything unless you knew that the item was defective and could likely cause injury. However, an injured party would have to prove that and it would be tough to prove with an old, used item.

Quote:

---

Quoting yyz0

---

Actually, Everclear is 190 proof.

---

190 proof is not legal in Ohio. They are limited to 150 proof


and jack hit the spot.

If you were aware it was defective and that defect could lead to an injury you could be deemed liable. So, you need to disclose known defects.

If it was not defective, you do not become liable if an idiot figures out how to hurt himself.

Actually JK it is the 190 proof version. It is stocked behind the counter. I use it for medicinal purposes to counteract the severe neuropathy I experience when I engage in activities. My other recourse is a heavy duty narcotic or illegal drug use. It is legal for use in a cordial.

If you are really worried about a lawsuit, sell the chainsaw and remove the chain. Then the buyer could put a new chain on and all the worries would be on the new chains installer.

Quote:

---

Quoting Disagreeable

---

Actually JK it is the 190 proof version. It is stocked behind the counter. I use it for medicinal purposes to counteract the severe neuropathy I experience when I engage in activities. My other recourse is a heavy duty narcotic or illegal drug use. It is legal for use in a cordial.

---

You made me and do it now. I'm going to have to go Wikipedia on your ass!!!!!!!

Quote:

---

It is legal to sell Everclear in the State of Ohio. However, and, remember, the devil's in the details here as elsewhere, it is important to remember several things. Ohio is a control state, meaning that the state exercises strong controls on the sale of beverage alcohol in all forms. Ohio sells hard liquor (equal to or greater than 43 proof or 21.5 per cent alcohol by volume) through contract agencies. These agencies sell the liquor as agents of the state and must follow all state rules and regulations in the conduct of their business just as if they actually worked for the state (remember your high school Business Law class and the Law of Agency?). The state says that ordinary retail sales to the general public are prohibited. Display of Everclear on the shelves and the allowance of access by the public (if stocked by an agency) are prohibited. In order for a retail customer to purchase Everclear, he/she/it must provide what amounts to an affidavit giving full information as to identity, occupation (the sale of Everclear is allowed for those with a legitimate business, scientific, professional, medical/veterinary purpose for the product), and intended use (a limited number of personal uses [such as using the product to make home-made cordials] are recognized - intending to make "hairy buffaloes" is not recognized). Upon application, the wise agent will also seek permission from Liquor Control to proceed. The written material is to be kept on file indefinitely and is available to Liquor Control/law enforcement agents 24/7/52. The sale of a different Everclear-branded product, Everclear 151, essentially a high-proof vodka, is allowed, so far, without restrictions of the kind just mentioned.

---

I cannot find the specific rules that control it though. Unless they fly very loose with the rules, a claim such as you make would not be adequate to allow the purchase of the stuff.

The only law I find says it must be at least 21% to be a spirituous liquor.

Quote:

---

Quoting Disagreeable

---

The only law I find says it must be at least 21% to be a spirituous liquor.

---

I cannot seem to be able to wade through the state's site to figure it out but most places I read state it is illegal. The statement from Wikipedia is the only one I saw listing any exceptions.


personally, I think it is useless. So, 151 has 25% less alcohol. You use 33% more in your drink end up with the same amount in the end/

190 can be quite dangerous if you are stupid. My dad used to have some. A friend of my little brother was over playing pool (I was probably a mid-teen aged kid). He sneaked over and chugged some of the stuff. He and everybody else thought he was having a heart attack. Profuse sweating, palpitations, scared the crap out of him. He survived, no doctor or anything.

I suspect if he had drank more, he might have actually succumbed to the stuff.

I normally use 151. The clerk mentioned it and I tried it. My wife prefers me to use 151.