Forum Discussion
rooney77
Dec 16, 2014Explorer
goducks10 wrote:hawkeye-08 wrote:
Unless you are a professional engineer (with proper credentials) and have business insurance to cover the liability, I would suggest you share what you have done and enjoy the positive feedback. Selling homebrew plans is not a good idea in today's sue happy environment.
If you are a professional and want to make it a business, then by all means go for it.
I'm not sure that is true. Go to YouTube and watch anyone build anything. They'll tell you how to do it and actually do it in front of you. Not much different than buying some plans and DIY. You're still relying on someone to furnish the plan. When I redid our shower at home I watched numerous YouTube vids on how to do it. Lots of different ideas as to materials and such. Reality is it all comes down to the person doing the building. How can I blame someone for my failures?
The difference in YouTube and selling plans is money exchanging hands. There are certain expectations, as a consumer, when you purchase something. That's why businesses have liability insurance and youtube how-tos don't.
Will your rack hold up to any kayak? Have you listed all models to not use on it? Have you specified that only a particular set of models be used? Have you verified weight limits? Lawyers could pick apart your design easily (not saying it's bad just that they are crafty). If you don't specifically say to not do things and someone does it, it's conceivable that someone could come after you. That's why a PE will charge a fortune to certify a design because he then carries all that liability.
If I were you I'd consult with an attorney, usually the first time is free, and see what they say. At the minimum you'd need a legal disclaimer absolving you of any responsibility of crappy construction/welding.
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