Legal Issues Selling Holsters

[whinewine]

Lawyers cost money, as does insurance. For a hobbyist like myself, and probably several more on here, it would not be feasible to purchase insurance and legal counsel to sell an occasional holster. It is a shame that the United States has gotten to the point where the work is the easiest part of earning a dollar.

I'm sorry, but I think this discussion has gotten way too deeply into the 'what if' category. If people are so worried that they might be sued, then they had better never make something of leather to sell to someone else: what if the belt that you lovingly made breaks while Joe Doofus is running to the 'all-you-can-eat' trough at at the local swillery on gorge-it night, & he trips when his pants fall down & he lands on his face? Or what if the rivet gives way on his key fob while driving & he reaches down to pick up his keys & smashes into the back of a manure truck? Or what if he stubs his toe wearing a pair of your handmade sandals at the local rattlesnake roundup?

Is any of this possible? Yes. Remotely. Is any of it likely to result in you being sued? Highly unlikely. If you are so worried, then you don't make leather items to sell. Or you get insurance. Or you make sure your item (holster, keyfob, belt, whatever) is constructed as well as it can be, & certainly, better than is made in a third world country.

During the '70s, I made (probably) 30, 40 holsters: none came apart, none were returned & the quality stood on its own.

Edited April 16, 2010 by whinewine

[JoshDuvall]

I'm sorry, but I think this discussion has gotten way too deeply into the 'what if' category. If people are so worried that they might be sued, then they had better never make something of leather to sell to someone else: what if the belt that you lovingly made breaks while Joe Doofus is running to the 'all-you-can-eat' trough at at the local swillery on gorge-it night, & he trips when his pants fall down & he lands on his face? Or what if the rivet gives way on his key fob while driving & he reaches down to pick up his keys & smashes into the back of a manure truck? Or what if he stubs his toe wearing a pair of your handmade sandals at the local rattlesnake roundup?

Is any of this possible? Yes. Is any of it likely to result in you being sued? Highly unlikely. If you are so worried, then you don't make leather items to sell. Or you get insurance. Or you make sure your item (holster, keyfob, belt, whatever) is constructed as well as it can be, & certainly, better than is made in a third world country.

During the '70s, I made (probably) 30, 40 holsters: none came apart, none were returned & the quality stood on its own.

Unfortunately there are the cases where people get sued over the most outlandish things (because anybody can sue anybody anymore). And there will always be the guy that buys the most well made holster in the world and still shoots himself because he's an idiot. And to hide his stupidity he tries to sue the maker to pass the blame. It is NOT very feasible for the person selling the occasional holster to carry an insurance policy. But then you have no other options but hoping and praying that the person is not an idiot that keeps his finger on the trigger when he reholsters. You could have a legally written waiver printed up and signed saying that the buyer takes full responsibility. Problem, it would have to be notarized and I don't know many people that want to go and pay a dollar to sign an document just to buy a holster. Even then that document doesn't stop you from being sued it's just sometheing to help your case if you do get sued.

Case in point, even if you get sued and win, you still lose because you have to pay lawyer fees and the most important cost, your time.

[abn]

I'm not a holster-maker, nor do I care to try, but I've been following this thread with interest nonetheless.

A side question: what if you make the holster and give it to someone? Same liability, even if you don't profit?

[JoshDuvall]

I'm not a holster-maker, nor do I care to try, but I've been following this thread with interest nonetheless.

A side question: what if you make the holster and give it to someone? Same liability, even if you don't profit?

Or if the person you sold the holster to gives it to someone? I believe you hold the same liability. Not to keep on with the what ifs but ya.

[Denster]

It all gets back to what boomstick said earlier. You can be sued at any time for anything. There are a lot of attorneys who make the majority of their living off of "going away money". That is they file cases that they know without a doubt are without merit and they could not prevail if it went to court. They know that you or the bean counters with your insurance carrier, when the amount they will settle for is less than the cost of defending, will give them money to "go away" generally called a setlement without admitting fault. That is one of the reasons this Country desparately needs tort reform. However with most politicians being lawyers that's not likely to happen.

[whinewine]

Going back to my previous post: if you're afraid of being sued over something you made, don't make it. Don't sell it. Don't give it away. Pure and simple. Go ahead, but if you do choose to make your stuff, don't sell it or give it away & just lock it up & hide it away from the prying eyes of those who just might desire it... And then you won't be sued.

Isn't that absurd? Where is the common sense?

Certain things I won't make (suspension harnesses & horse tack, because I don't know enough about them to say if they are safe or not, saddles, because I've never made one & have no desire to take a course in saddle making at this stage in my life... things like that). But the stuff I know how to make, I'll continue to make, and I certainly have enough knowledge about that which I make to defend myself in court.

[gregintenn]

I believe that several of us simply want to know how common this type of occurance is.

[Shorts]

To know what kind of hornet's nest you might get into is as simple as looking at the politics of guns in America.

Without going into a long post, because it will be full of passion that will probably rub a few people wrong, do not underestimate the seriousness of what you can get into. This might be just "leathercraft" to some folks but to others it goes a lot deeper than that.

You can get sued for anything anytime. That doesn't mean you're in the wrong. Just means you have to defend yourself. Take the responsibility of preparing to defending yourself. Now where have I heard that before?

[Kring]

I don't make holsters for sale, but I do have an LLC. They aren't that expensive to set up, and will at least protect your personal property like your house and your car.

"I'm going to sue you for everything you've got!"

"I'd like to see that--I've got nothin'!"

[Shorts]

I don't make holsters for sale, but I do have an LLC. They aren't that expensive to set up, and will at least protect your personal property like your house and your car.

"I'm going to sue you for everything you've got!"

"I'd like to see that--I've got nothin'!"

Exactly. An LLC in Texas is $300 to set up...oh wait $308. Not a lot of beans for managing the risks.