Forums > Kitesurfing General

Legal advice (liability; retail; duty of care)

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Created by craggers > 9 months ago, 26 Oct 2013
craggers
WA, 475 posts
26 Oct 2013 11:53AM
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Can anyone out there suggest an avenue for legal advice regarding retailing kite products.
Im looking to get legal advice on liability, insurance, duty of care, negligence etc and all those other traps for the unwary.
'A lawyer' is the obvious answer. A lead for a lawyer who kites or has dealt with this before is more useful, but any information or feedback from the collective is appreciated.
Thanks.

flyty
WA, 25 posts
26 Oct 2013 12:04PM
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Not a solicitor and this is NOT advice but I would think it would be just a normal retail operation. Unless you are also planning to be a school or producing your own gear.

You would just need what ever retail licenses/permits you need to operate a retail operation in your chosen location.

Any duty of care you give to customers in shop will end there, or more accurately, reasonable bounds of your shop. What they do with advice/equipment outside of that is up to them.

If you are worried about torts, I'd say the council has "more" of a responsibility (arguable as people should be responsible for their actions).

It would be different if you had something like the following scenario; your customers climb up some wet stairs, slips and you didn't have a wet floor sign, then that is a different story.

You will also have responsibilities to any staff within your premises.

There are more rules and regs for each council and you would need to look these up whereever you decide to setup shop.

Caveat emptor, again, this is NOT advice. Just some random thoughts on the netz yo!

cauncy
WA, 8407 posts
26 Oct 2013 12:41PM
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sounds like a job for tracy grimshaw from a currant affair or (c**t that aint fair) as i call it

archie00
NSW, 138 posts
27 Oct 2013 8:21AM
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What you need is 'Product Liability' & 'Public Liability' Insurance. I would suggest $10 million coverage for both. Best way is to contact a Insurance Broker. Ensure all items you intend to sell are listed on the insurance policy. Lawyers are a pretty useless lot and can give you all the advice in the world & take your money - but to no outcome.

wdric
NSW, 1625 posts
27 Oct 2013 9:40AM
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^^ what he said
Also the broker will need to know a few things?
If your are the designer and manufacturer or just the designer or just the importer or retailer and were are you selling, just in OZ or around the world?

All these things will affect the cover offered as the liability and who is liable will be different depending on the whether a potential claim is for a design issue or manufacturing or just some dumb person using the good the wrong way and wants someone to pay for their lack of common sense and aspirations for the darwin award!



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"Legal advice (liability; retail; duty of care)" started by craggers