Ebay and Liability

[Jazzman]

I've been selling markers on Ebay for the past few years, and until now, I never really thought about the liablity issues involved. If someone buys a marker from you, and then manages to shoot out their eye, or their friends eye, etc, is the seller at any risk? What if the buyer is a minor? I'm not experiencing any problems in this matter, I was just curious. Anybody with legal expertise, please chime in.

[cphilip]

eBay Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended eBay members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your eBay account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

So if they bid they must have an account and must be 18 OR under the supervision of thier parent or gardian. So it might not hurt to restate the standard in your auction but if someone disregards that policy and bid then your liability should be greatly deminished.

[Paintball_4_Fun]

I add this to all my sales.

Age: I am at least 18 years of age and do not know of any local or state laws that would prohibit me from purchasing or owning Paintball gun products, and or firearm imitation/replica toys.
Exempt States/Countries: By bidding you understand that it is bidders responsibility to investigate state, and local laws which may prohibit the use, or possession of Paintball guns.



NOTICE: Your bid constitutes that you have read, understand and agree to the terms and conditions above. When you bid, you are entering a contract. Do not bid if you do not intend to purchase this item. All parts are tested before shipping. The purchaser of this marker must be 18 years or older. All Sales are Final

[Augiedoggy18]

Basically, if someone bids on your auction, you have to assume that they are at least 18 (or are under the supervision of their parent or guardian), and can form a legally binding contract. So, once the sale has been made, your liability ends. It would be the same thing if you sold someone your car and then they used it to mow down old ladies, its not your problem and you're not liable.