how do we make sure we aren’t liable for any accidents?
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how do we make sure we aren’t liable for any accidents?
we want to make toddler bunk beds, toddler sized , but we do not see anything like it out in the market (at least so far that we have looked) which makes us believe there are legal issues concerning potential accidents because of the age group. how do we make sure we are not liable for any accidents so we are safe to sell the beds?
Asked on June 7, 2009 under Business Law, Idaho
Answers:
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
In my opinion, there are too many potential liability issues with toddler-sized bunk beds. Toddlers are notoriously accident-prone due to a lack of developmental maturity. They fall easily and do not have the maturity to make good decisions when it comes to taking risks. A bed for a toddler should be low to the ground and have a railing. At least if they get over the railing, they don't have far to fall. With a bunk bed, it is too potentially dangerous. You cannot protect yourself from that kind of liability as a business. I hate to say it, but I think it is just a bad idea.
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I think the reason why you do not see toddler bunk beds is because they are too inherently dangerous to sell. I cannot imagine a parent in the world who would want to put a three year old in a bed five feet off the ground. However, assuming that you are able to sell the beds given the abundance of parents that lack common sense, I would also imagine that the product would be a huge target for products liability, personal injury, and perhaps wrongful death lawsuits. Therefore, even if you structured your company to sell the product through a limited liability company to insulate yourself personally from liability and added the appropriate disclaimers/warnings to the product, I think that it would be very difficult for you to obtain insurance at a cost that would allow you to price this product competitively.
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