Re: Twin coils on ebay

["Tesla list" <tesla-at-pupman-dot-com>]

Original poster: "Brent Turner by way of Terry Fritz <twftesla-at-qwest-dot-net>" <bturner-at-apc-dot-net>

Interestingly enough, if the common toaster were a recently developed
product, then it's liability issues would be a nightmare! Think about it
- you have a device which exposes the consumer to 120V AC wall power via
the heater elements. Stick a metal eating utinsil into it to extract
your stuck slice of toast, and zap, bam!

Reason it's still around (and relatively cheap) is that it's considered
a 'common' device, and has been around for a long time.

While Tesla coils are likewise 'old' devices, they aren't 'common', and
can be considered unique. This was an issue I debated when working on my
book. I didn't want to actually present 'plans', but rather explain
existing technology which wasn't unique to me. That way, I can't
effectively be held responsible (there's the key word, BTW) for stuff
that already exists. OK, try and sue good ol' Nicky-boy who invented the
thing.

While I am not a lawyer, (and any comments on this idea are welcome by
those more knowledgeable) it might be better to sell the thing in a
non-functional state. That way, the buyer must make the initiative to
make it actually functional.

Still, it might not be a bad idea to take up a collection or something
and find a sympathetic lawyer who can draft up a 'boilerplate' standard
disclaimer/sales agreement/liability waiver that could go to great
lengths in covering one's hind end.

- brent




Tesla list wrote:
> 
> Original poster: "Rick W by way of Terry Fritz <twftesla-at-qwest-dot-net>"
<rickwilliams404-at-earthlink-dot-net>
> 
> If what Mr. Tandy declares is a possibility then all forms of HV equipment
> sold on Ebay would be impacted. Or anything even remotely dangerous for that
> matter. Any used power tools, for example, could be considered dangerous
> especially if out of warranty. People want to live in a risk-free world and
> without accountability for their actions. A woman sued McDonald's because
> she burned herself with their coffee. And won. On a sun shield for a car's
> windshield is written, "WARNING: Remove sun shield before operating
> vehicle".
> 
> Most safety programs in the workplace are geared to protect the company from
> liabilities. But it's human nature to break "the law" whether by decision,
> carelessness or forgetfulness.
> 
> Insurances have become a complicated and expensive investment whether it be
> for a car, for the home, for health or whatever. And insurance for tesla
> demos makes up the greatest part of the rental for the demo costing
> thousands.
> 
> Safety, I agree, is of utmost importance. And this List advocates safety
> constantly. Even the sight of a tesla coil screams, "Stay Clear!". And
> anyone who has witnessed a coil in operation realizes it's not to be taken
> lightly. At least I should hope so.
> 
> As long as people can "pass the buck" for their irresponsibilties and dodge
> accountability there will be that certain element of legal risk. I'm not
> against safety, I uphold it, but there will always be that grey area of who
> is responsible and for what where in some cases the decision/s just don't
> make sense.
> 
> Rick Williams
> Salt Lake City
> 
>  ----- Original Message -----
> From: Tesla list <tesla-at-pupman-dot-com>
> To: <tesla-at-pupman-dot-com>
> Sent: Monday, July 16, 2001 7:37 AM
> Subject: Re: Twin coils on ebay
> 
> > Original poster: "bob by way of Terry Fritz <twftesla-at-qwest-dot-net>"
> <forlaser-at-gte-dot-net>
> >
> > forgive my nievety of the law, but do gun manufacturors get sued when
> > someone is inadvertantly shot?
> > why not just make the purchaser sign a waiver that says "the purchaser
> > acknowleges that a tesla coil is a dangerrous device that can cause damage
> > to life or limb, as well as property. said purchaser agrees to accept
> totaly
> > responsability in perpetuality for ANY injury to himself or others, as
> well
> > as any damage to any property"
> > short and sweet..
> > but i doubt anything in the legal profession ever is...
> >
> > -----Original Message-----
> > From: Tesla list <tesla-at-pupman-dot-com>
> > To: <tesla-at-pupman-dot-com>
> > Date: Sunday, July 15, 2001 9:13 PM
> > Subject: Re: Twin coils on ebay
> >
> >
> > >Original poster: "by way of Terry Fritz <twftesla-at-qwest-dot-net>"
> > <Clearspring1-at-aol-dot-com>
> > >
> > >To Mike, and everyone selling or renting Tesla coils, parts or services:
> > >
> > >As a retired and inactive attorney I cannot give legal advice ;-)  But...
> I
> > >can tell you that I am concerned for those of you who fit this category.
> > >Mike, I haven't seen the waiver you intend to present to the buyer of
> your
> > >beautiful twin coil -- but have you thought about the fact that you could
> > be
> > >exposed to liability if someone Other Than the buyer is injured by this
> > coil,
> > >regardless of what the buyer signs?  This is only one of many issues that
> > >needs to be covered in a waiver/sales agreement that would protect you in
> > the
> > >event something, sometime, goes tragically wrong.  Product liability laws
> > are
> > >extremely broad and it would be nearly impossible to write a waiver that
> > >protected the purveyor of HV components or services without a large
> amount
> > of
> > >legal research -- or existing expertise in this field of law.  (I have no
> > >expertise at all in this area and am not offering my services.)
> > >
> > >I am definitely not trying to be a wet blanket here, but I have grown
> fond
> > of
> > >this List and its contributors and I would hate to see someone's life
> > screwed
> > >up by a lawsuit that your homeowner's/renter's insurance Will Not Cover.
> I
> > >hope everyone in the category of purveyors will get good legal advice
> > before
> > >wandering into the talons of a personal injury attorney.  The (very few)
> > >professional coilers on this list know what I am talking about and do not
> > >need my advice.  But I am concerned about the rest of you...
> > >
> > >Though I doubt any of you few professionals will respond, it would be a
> > real
> > >service to members of this list if you have any helpful comments to offer
> > on
> > >this subject.
> > >
> > >Regards,
> > >
> > >Michael Tandy
> > >
> > >
> > >> Hello All,
> > >>  I FINALLY got my Twin coil system up on ebay...
> > >>  http://cgi.ebay-dot-com/aw-cgi/eBayISAPI.dll?ViewItem&item=1617224991
> > >>  Check it out
> > >>
> > >>  -Mike Novak
> > >>
> > >
> > >
> > >
> >
> >
> >