If you make and sell an illusion, what are the liablity issues?

I am working on an illusion that uses compressed air to release confettii and streamers. I have used the system in my own shows and my kids even enjoy shooting confettii in the air for fun. But what if someone buys the illusion and their kid decided to put a rock in the confettii launching mechanism or some such thing and gets injured?

Understand, I'm not looking for a safe way to launch confettii or even specifics on ANY type of illusions. What I am wondering is, what are the liability issues in any illusion that is sold via a web site or in person?

I figure that long-term I'll need to consult an attorney, but I want to know what some of you have found, since some people here are marketing illusions already.

Thanks everyone.

Quite simply, people can sue you for anything.

If you are a Corporation and the Corporation has no money, then one can't get get "blood out of a stone". (Exception, if the act was intentional)

If you sell anything, make sure you get a signed agreement of sale with bold large typed letters releasing you from all and any responsibility of it's use. At least it makes it more difficult to sue.

So, what are some of you others doing who have not incorporated? Are you risking the kids' college fund, the house and the car every time you sell an illusion?

Also, does anyone have a sample of the liablity release you use in sales?

Dennis, I'm not sure that being incorporated necessarily solves all liability problems, although it probably helps.

That's because my understanding is that an injured party could sue not only the corporation that sold the effect, but also the person who designed/created it. Not only that, but if the product is inherently dangerous, the fact that it was properly designed and well built may be irrelevant. So you may be back to square one on liability.

A release might also help, but once again, some releases may be void as being against public policy. A simple example is the sign in many restaurants that says "not responsible for coats and valuables" -- it probably isn't worth the paper it's written on. Ditto for the tiny language on the back of parking lot tickets that says "Not responsible for damage to your car." Right.

Seems to me that a better way to go would be product liability insurance, if you can get it at a reasonable price. And talking to an attorney about this is probably a good idea, too. SETHB

I agree that "product liability insurance" is a good way to go. But I can't imagine that every "mom and pop" selling effects have taken the time or expense to get coverage. I'm sure an attourney would say that lots of coverage is needed and an insurance agent who could write a product liablility policy would say that 50 gazzillion dollars is the minimum you should have, but for people who are NOT making "The Flaming Knives of Death While Submerged in Gasoline in the Deadly Asbestos Coffin of the 220volt Pharaohs" what are the practical implications?.

Is a coffetti cannon going to be a litigation magnet?

Who knows? As Dennis says, anyone can sue anybody for anything.

But it's not inconceivable that, even if used properly, the confetti cannon could injure someone. My guess is that if someone accidently looked in the gimmick when it fired, or if it fired prematurely or accidentally, and they got a piece of confetti in their eye, the results could be a big problem. Heck, if they tripped over the thing on the floor when it wasn't even loaded, fell down and cracked their skull open . . . .

That's what insurance is for! Good Luck with it. SETHB

It is sad that we live in such a litigious society. Personal responsibility seldom seems to be a part of the equation. When someone can sue McDonald's because the coffee they spilled in their own lap was hot (who would have thought it would be hot?) and win said suit, well then, anything is up for grabs.

Any device that is designed to throw something will certainly be scrutinized closely.

At the end of the day, it's not likely that you'd get sued, but all it takes is one crackpot...

I kind of suspected this would be the response, because I too think we are (as a culture) not able to take personal responsiblity... and if not taking personal responsiblity can get me a zillion dollars for spilled coffee so much the better...

So, you guys who do sell your illusions, what kind of coverage do you have?

Incorporate in Nevada. It's less expensive.. and by law.. If you sue, you get the name of the corporation, but not the name of any of the officers. (I got my papers through http://www.corpthis.com .. and I liked them a lot)

The most they can sue you for is for the assets of the corpooration, which in my case is the fax machine and a computer.

However.. if you make them sign a release, it then puts the liablilty issue onto them, when (if ) they sue you.. they have the burden of proof that you designed it to hurt someone.

I think as well.. that magicians are less likely to sue for something like that than most.. since they can't afford the attourney either in most cases.

I think incorporation would be among the options to cut down on exposure to litigation.

• What did you do before incorporating, MakeUpGuy?
  
• What are some of you non-incorporated people doing?
  

How much insurance do you guys carry? My understanding that too little risks financial ruine but too much puts a flashing sign on your back that says:
Deep Pockets! Sue Here!

You may want to check out http://www.clownsoftheus.com . I have a $2,000,000 liability policy with them for performing. They have other types of insurance available for vendors at fairs. I don't know if they offer this type of insurance, but it may be worth looking into. Good luck!

I have a $2,000,000 liability policy as well. I wouldn't set foot on stage without it.