TD builders liability for DIY trailers sold to public

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TD builders liability for DIY trailers sold to public

Postby CoffeeDude » Mon Sep 28, 2020 12:24 pm

what is a TD builders liability for DIY trailers sold to public

If I build a home made DIY custom trailer, then sell it to another person, and that person gets into an accident due to some faulty issues with the trailer, am I responsible?
Just thought I would ask, since I am planning on selling my DIY TD.
Thanks!
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Re: TD builders liability for DIY trailers sold to public

Postby saltydawg » Mon Sep 28, 2020 12:30 pm

Sell as is, no warranty.

If your in a state that does inspections you can use that as a defense if sued " how am I responsible, it was inspected safe when he bought it"

But honestly you can always be sued, no matter what. It then turns into how much you spend to win the case.
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Re: TD builders liability for DIY trailers sold to public

Postby John61CT » Mon Sep 28, 2020 1:05 pm

Absolutely yes, could be held liable

In Amerika, not so much a factor of actually being at fault, more which side can afford the more skilled and aggressive law firm.

Best defense IMO is being judgment-proof, legally indigent.

But setting that up usually takes good lawyers hence money too, long in advance of any need.
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Re: TD builders liability for DIY trailers sold to public

Postby dogcatcher » Mon Sep 28, 2020 4:18 pm

I wouldn't be too concerned with a one time sale. but if I was building and selling, I would make sure that the design was an approved design by qualified engineers and designers. Homemade is one thing, running a pseudo manufacturing business is another. In short when profit is the motive, the rules quickly change.
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Re: TD builders liability for DIY trailers sold to public

Postby John61CT » Mon Sep 28, 2020 5:25 pm

Please help me identify such qualified designers and engineers, ideally from India or China, working for peanuts on gig sites
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Re: TD builders liability for DIY trailers sold to public

Postby dogcatcher » Mon Sep 28, 2020 6:47 pm

John61CT wrote:Please help me identify such qualified designers and engineers, ideally from India or China, working for peanuts on gig sites

Peanuts is out of the question, but manufacturers use either inhouse professionals or hire the design and manufacturing details.
https://www.indeed.com/q-Rv-Engineer-jo ... d64a2829a9
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Re: TD builders liability for DIY trailers sold to public

Postby saltydawg » Mon Sep 28, 2020 6:50 pm

John61CT wrote:Please help me identify such qualified designers and engineers, ideally from India or China, working for peanuts on gig sites


Finding a structural engineer to sign off on a frame would be easy, and probably only cost a few hundred bucks. If I was selling frames thats an easy amount of money to spend and not think about. Then again I dont think about paying an EE a few grand to sign off on a set of electric drawings, plus I have a few connections.
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Re: TD builders liability for DIY trailers sold to public

Postby tony.latham » Mon Sep 28, 2020 9:24 pm

Manufacturer's liability has plagued the aircraft industry for decades.

I sold an airplane I built years ago and for a while I wondered if I shouldn’t have just parted it.

Teardrops aren’t airplanes. They don’t fall out of the sky. Build them with craftsmanship and you’ll be fine.

My two bits.

Tony


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Last edited by tony.latham on Tue Sep 29, 2020 9:02 am, edited 1 time in total.
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Re: TD builders liability for DIY trailers sold to public

Postby Modstock » Mon Sep 28, 2020 11:42 pm

Just make sure it's bolted down to the frame.

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Re: TD builders liability for DIY trailers sold to public

Postby CoffeeDude » Tue Sep 29, 2020 9:58 am

Thank you everybody for answering my question, I really appreciate it!
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Re: TD builders liability for DIY trailers sold to public

Postby Squigie » Tue Sep 29, 2020 10:13 am

Pretty much anything that can happen on the highway is going to come back to maintenance and operation (driver's/owner's responsibility).

Building faulty door latches and a dangerous electrical system that combine for char-broiled human, however, could be another story.
Just make sure you use a bill of sale that has a clause about requiring an inspection before use, and get it notarized at the time of sale.
"As-is, where-is, no warranty, no guarantee, and you have to sign this."

Like Tony's airplane, I had a highly customized car for sale and wondered about my liability if someone got stupid with it. It was safe and well built. But I wouldn't be able to prove that in court.
I ended up pulling the engine and transmission, and partially disassembling the rest. Everything went to the same buyer. But what they received was a non-running, non-road worthy vehicle that *they* had to put back together and for which they had to assume the liability. There was no way to reassemble the vehicle without inspecting every modification.

Man, admitting that and thinking about it, it sounds like something some crazy old man would do. I'm aging prematurely... :frightened:

*Buyer wrecked the car about 4 months later. Talking on his cell phone while failing to negotiate a 25 mph corner at about 50 mph. Smacked a concrete divider.
(Here. Before the light rail went in.)
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Re: TD builders liability for DIY trailers sold to public

Postby CoffeeDude » Wed Oct 07, 2020 10:58 am

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