Liability and selling on Ebay
Frank
with on Ebay. This is all pretty new stuff in very good condition,
purchased within the last year. Given that much of this is
life-support equipment, though, I don't want to be faced with a
lawsuit if some subsequent owner ever runs into trouble.
Does anyone ever bother to include a disclaimer ("Buyer assumes all
liability," etc) with their Ebay listings? Do these hold up legally?
How about checking to make sure the person you're selling to is a
certified diver? From browsing a few listings of scuba equipment on
Ebay, it looks pretty loose and nonchalant.
Ben Bradlee
knowledgeable in the field. You will get many legal opinions from this
group, each worth its price. If you want a real answer, try a real lawyer.
"Frank" <di...@inkbox.net> wrote in message
news:12q1ktgn0vip1eip5...@4ax.com...
HLAviation
>certified diver?
Why would you? Dive shops don't.
http://hometown.aol.com/hlaviation/
S. Spencer
Plus you wouldn’t get a strait answer and until it goes to court who
knows. Lawyers at best can only guess in this politically correct
world.
Sell the gear so it is not traceable or get a standard agency waiver
and modify it.
Better yet is it worth it for a couple bucks? Hang on to it.
Unless your flat broke then this is a mute point at best.
Or do what I do put all your assets in a corporation at arms length.
So on paper your a busted broken down dead beat.
Worked for me after I got dragged in court because some stroke decided
to kill himself.
Strokes don’t sue their families do and they sue every one including
the sky.
All I did was pull up on the same wreck after this guy had been
missing for about 120 min on an steel 72 at 100 feet.(no wall just
flat 110 ft)
But because he didn’t keep a log and sac rates couldn’t be proven.
The court decide he might have been alive. Ya right he was stiffer
than a board with his mouth gaping open like a big mouth bass , he was
long gone. I dragged him to the surface and let his dive boat take it
from there. Took less than 3minutes to find him. Where was team
stroke ?
He was diving gear that he had bought from the newspaper years ago. No
service ever done while he owned it. Holes in the bcd ( horse collar)
with patches on the outside ( 1 missing) no air in the bc nor would
hold air. Ripped up wet suit ( 43 F ), no air in his tank and a
weight belt (40 lbs) that had some type of homemade buckle. That I
couldn’t remove unless I cut it off.
So I thought best to bring him up whole gear and all so that the
authorities would get the whole picture.
I brought him up on a bag. No ar on the surface just dragged him over
to the boat.
That was my undoing. I didn’t treat him as if he was alive and I am
not a doctor nor an expert on weather he was dead or not.
That was my insurance company’s portion of the pay out.
The gear check was like this:
1) horse collar not serviceable, he mention on the boat it was ok it
just leaked a bit.
2) regs, octo didn’t work modified to be closed off by closing down
the seat and leaver missing.
primary was tested and referred to as sucking air threw a
straw at 100 ft.
spg hose was covered in duck tape. Gauge was flooded and rusty
hard to read in good light but worked.
Mentioned on the boat he works on his own gear.
3) no current vis or hydro on 25 year old steel tank, oil and rust in
tank.
4) family held back that he pumps his own air. It was discovered
after the defensive lawyers got a motion to search the decease’s home.
He had modified a compressor from some type of refrigeration system
and was using some type of motor oil.
His dive boat.
1) Captain was acting as dive master no papers or insurance.
2) Radio didn’t work batteries dead.
3) Boat wouldn’t start batteries dead.
4) Large dive group 38 divers ( if I remember )
5) Buddied up before leaving dock. He asked his buddy if they could
do the same day same water deal and it was agreed to.
6) This buddy on the stand stated that they agreed to the same water
same day by the deceases persistently requested , then never spoken
again. Because of the size of the boat and large group he claims he
lost sight of him and never really knew what he looked like and STATED
there was a few divers that looked like him so he thought at the end
of the dive he had seen him back on board.
7) The only reason they stayed was because they couldn’t get the boat
going while this was going on an other diver was looking for his duck
tape to be returned that’s how they found out he was missing. The
decease had borrowed the tape to fix a hose leak.
8) No one on board was clean enough to do the dive ? Claiming no one
was trained in decompression diving and the captain didn’t want to
lose an diver.
and how was your day.
Steve
no spam
If you are not confident in your gear, you should not sell it on ebay. You
think people dont get shocked or
burned by "used" electrical tools and appliances, defective or worn blades
and bits etc, or crud that is not UL listed? I dont see any ebay policy
against scuba gear, though apparently they have outlawed LAWN JARTS.
If you would not hesitate to use it, you should feel confident enough to
list it as long as you say "as is" and/or
needs inspection. For instance, if I was selling a tank, Id make sure it was
VIP'ed (and of course the hydro
was current). If I was selling a regulator, I would say "last serviced x/xx"
But most importantly
you should always state "as is"
Another reason to avoid listing it is if you bought it second hand, and dont
know the history of the gear.
Yes now and then there are terrible bs lawsuits, but you would not hear of
them if they were not so terrible.
"Frank" <di...@inkbox.net> wrote in message
news:12q1ktgn0vip1eip5...@4ax.com...
Pharlap345
>From: srsp...@hotmail.com (S. Spencer)
>Date: 7/3/2001 10:54 AM Eastern Daylight Time
>Message-id: <3b41c6f5...@news1.on.sympatico.ca>
sounds like this guy won the Darwin award
Brian Wagner
>
> I dont see any ebay policy
> against scuba gear, though apparently they have outlawed LAWN JARTS.
Say it isn't so! Is this true?