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Legal/Liability Advice

KRNAZNBOY

KRNAZNBOY

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Hello All!

I am getting into selling completed lasers, but all of you know how selling completed lasers is in the US, right?

Anyways, partly stimulated from concern from family members, i need to know how i can protect myself from liability issues COMPLETELY while conducting sales through this website. I don't want some freak laser accident to ruin the rest of my life you know :D

I don't have an online shop or anything, so any advice, if it could be towards individual laser sales, not bulk/many sales (I.E. rick trent)

Please help soon, my family wants me to put all sales on hold untill i am sure this business will not backfire and hurt me in the future.

If you guys who sell alot of lasers here in the US can share some advice on how you keep your business risk-free, PLEASE SHARE! It would be greatly appreciated!

Thanks guys!
-Matt

EDIT: Just realized this should have been posted under the safety and legal section, lol
 
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KRNAZNBOY

KRNAZNBOY

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Thanks but I was more looking for how to prevent getting the letter, not what happens after you get the letter.
 
IsaacT

IsaacT

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Read the entire page he linked. I did. If you don't want to get the letter, then either comply with all regulations and submit a report on the devices you sell, or risk it.

That is about it.
 
E

Encap

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exactly wannaburnstuff.

There is no protection from liability issues COMPLETELY other than don't do it at all.
Anyone can sue anyone for any reason.
Manufacturers buy product liability insurance to get as much protection as they can afford for products for just that reason.
You are not going to be able to get product liability insurance for products that do not comply with US laws, rules, and regulations---so you can't even buy protection if you intend to sell anything more powerful than 5mw pointers.
 
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Trevor

Trevor

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Our friend Mohrenberg once got the letter... and had federal agents on his doorstep.

He's probably be a good guy to chat with.

Trevor
 
Sigurthr

Sigurthr

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Yup, we've even had the fuzz/feds come posting on here once or twice. Mind you; they ARE watching the forums.

There is a reason most of us mostly sell OEM/Lab equipment and not completed lasers. The only completed units I have sold have been items I've bought. My personal builds were all let go in trades and not sales.
 
IsaacT

IsaacT

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I need to rethink some stuff lol. I have enjoyed building personal lasers, using them for awhile, and then selling them so I could build other stuff...
 
Sigurthr

Sigurthr

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The biggest risk comes from selling a laser to someone irresponsible. They get in trouble and the authorities are immediately asking where they got it from.
 
E

Encap

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Just read this here Laser Pointer Safety - What happens if you break the rules? about FDA rules and regualtions view of things laser:
"When do you become a “manufacturer” according to CDRH?

A good rule is if you are selling more than one of something, or to more then one customer, you are “manufacturing”. You then fall under CDRH jurisdiction.

Even a raw diode, a used diode, and certain parts such as collimation optics, barrels, laser diode drivers, laser show projectors, etc. then YOU need to be registered as a manufacturer, by filing a "Manufacturer's Report" if your doing more then a few. eBay is a different can of worms, and can be a grey area.

There is no federal law preventing you from owning a kilowatt class laser in your basement. There is no law for transfering it to another American if you didn't manufacture it and if you are only selling one. There are some state rules about registering lasers, like in Texas and Arizona and other states."

Pretty much lays it all out.
 
Ablaze

Ablaze

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I include the following advice with every laser I sell:

Never, ever, shine a laser at aircraft of any kind. This includes airplanes, helicopters, and hang gliders. There are stiff penalties in place. Trinary suggests that if you see an airplane anywhere in the sky you either turn off all lasers or point them at the ground. Many pilots get very nervous if they see a laser, even off in the distance. The FCC can impose fines for anyone pointing a laser at an aircraft, and police helicopters will instantly send units to arrest you if you shine a laser at them.

Never shine a laser at a moving vehicle. A bright flash of light can make someone night blind.

Also, never shine lasers at police of any kind. Police can, and very commonly do, arrest people and/or give them tickets for shining lasers at them. You could also get shot, since the officer could mistake the laser for a gun sight.

Don’t stare into a laser. Brief flashes from the lasers on Trinary gloves won’t cause damage, but staring directly into the laser for a minute or more could. Don’t be an idiot. Don’t allow children to play with any laser products unsupervised.

Lastly, do not eat. Gloves can be a choking hazard if you try hard enough to eat them. Lasers too.
Click to expand...


I have never had a problem, however many regulations around the world apply specifically to laser pens, which is not exactly what I sell.
 
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LuaPython

LuaPython

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If you just shipped let's say a laser module, a host, and a battery would that be illegal?
 
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