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  1. #1
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    Jun 2014
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    Default 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?

  2. #2
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

    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.

  3. #3
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

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

  4. #4
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

    Quote Quoting Disagreeable
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    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.

  5. #5
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

    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.

  6. #6
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

    Quote Quoting Disagreeable
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    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.

  7. #7
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

    Quote Quoting jk
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    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.

  8. #8
    Join Date
    Jun 2014
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

    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.

  9. #9
    Join Date
    Mar 2013
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

    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.

  10. #10
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    Default Re: Is a Seller Liable if You Injure Yourself With Something You Buy Through Craigsli

    Quote Quoting yyz0
    View Post
    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.

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