In a world where everyone sues...

[celler]

...what kind of liability exposure does an individual have when he/she sells a used firearm, via lawful PPT, to another individual?

Say grandpa's 30.06 blows up the first time Jo Schmo new owner goes to the range. Is the person who sold the rifle exposed to any kind of criminal or civil liability?

Curious as to any learned opinions out there in CalGuns land.

[alfred1222]

A gun is a tool, and selling one is like selling any other tool. lets say you were buying a car, and right after you buy it and start driving down the street, the engine blows up. Is it the previous owners fault for not telling you, or your fault for not checking everything out before you bought it?? the same applies to guns. if the buyer buys something, he owns it now. therefore, if he breaks it, the only fault is his. there is no liability in my eyes

[Mata]

It's CA, someone can sue you for any reason they want. Enjoy.

[fighterpilot562]

you might even get sued for asking lol

[celler]

A gun is a tool, and selling one is like selling any other tool. lets say you were buying a car, and right after you buy it and start driving down the street, the engine blows up. Is it the previous owners fault for not telling you, or your fault for not checking everything out before you bought it?? the same applies to guns. if the buyer buys something, he owns it now. therefore, if he breaks it, the only fault is his. there is no liability in my eyes

Makes sense in a logical world, but I'm wondering about here in California. Any attorneys care to anonymously chime in?

[Decoligny]

A gun is a tool, and selling one is like selling any other tool. lets say you were buying a car, and right after you buy it and start driving down the street, the engine blows up. Is it the previous owners fault for not telling you, or your fault for not checking everything out before you bought it?? the same applies to guns. if the buyer buys something, he owns it now. therefore, if he breaks it, the only fault is his. there is no liability in my eyes

One of the things that will help you avoid this type of lawsuit is the sales contract/bill of sale.

Be sure that you put as much as possible to cover yourself, such as:
This firearm is sold as is. It has no known damage or defects that affect the proper functioning of the firearm. Seller is in no way liable for any future malfunctions of the firearm, nor for any unkown/undiscovered damage/flaws in the firearm. The seller is in no way liable for any injuries/damage caused by any malfunctions, damage, or flaws in the firearm.
The buyer has been afforded the opportunity to have the firearm examined by a gunsmith of his own choosing, at his own expense, and has chosen not to have the firearm examined prior to the sale.

This coupled with the signature of the buyer will help bolster you defense should he try to sue at a later date if the gun goes KABOOM.

[keenkeen]

It's CA America, someone can sue you for any reason they want. Enjoy.

There, fixed it.

[RandyD]

This is America where personal responsibility is no longer the rule. You are never responsible for your misfortunes, someone else is always responsible.

As an attorney, the following is my perspective. If you put an item in the stream of commerce, you can be held liable for defects that cause an injury. This is civil liability but criminal liability may be imposed if there was a reckless concealment of a known defect. This liability applies to manufacturers, assemblers, retailers, and even second hand distributors. A written waiver may eliminate the liability, but that would depend on the defect, the type of injury and the language of the waiver.

Most people do not understand that in civil litigation cases, the attorney representing the injured party has to sue everyone that is potentially responsible. If the attorney fails to do this, a responsible party may escape liability and then the attorney has committed legal malpractice. The cost of having to potentially defend yourself in a civil court has become an added cost of doing business.

[celler]

This is America where personal responsibility is no longer the rule. You are never responsible for your misfortunes, someone else is always responsible.

As an attorney, the following is my perspective. If you put an item in the stream of commerce, you can be held liable for defects that cause an injury. This is civil liability but criminal liability may be imposed if there was a reckless concealment of a known defect. This liability applies to manufacturers, assemblers, retailers, and even second hand distributors. A written waiver may eliminate the liability, but that would depend on the defect, the type of injury and the language of the waiver.

Most people do not understand that in civil litigation cases, the attorney representing the injured party has to sue everyone that is potentially responsible. If the attorney fails to do this, a responsible party may escape liability and then the attorney has committed legal malpractice. The cost of having to potentially defend yourself in a civil court has become an added cost of doing business.

Thanks for the response. Pretty much what I figured.

[Yemff]

A gun is a tool, and selling one is like selling any other tool. lets say you were buying a car, and right after you buy it and start driving down the street, the engine blows up. Is it the previous owners fault for not telling you, or your fault for not checking everything out before you bought it?? the same applies to guns. if the buyer buys something, he owns it now. therefore, if he breaks it, the only fault is his. there is no liability in my eyes

except for a thing called the lemon law

[g_conway]

Just to clarify, you can be sued just for existing. The issue at hand is the odds of being found at fault. That will depend on the jury at the time. If you can sue because your coffee was hot, and win, then anything can happen in court.

[blakdawg]

I'm an attorney though this is not my area of practice.

I think the chances of liability are very small as long as you're not selling to a known prohibited party or someone who's told you in advance of an evil plot, and as long as you don't know of safety-related defects in the gun that you fail to disclose.

The chances of having to deal with an aggravating lawsuit are slightly greater than the chances of actual liability - but we deal with that general risk every day as workers, drivers, property owners, etc. and we generally don't stop doing other things (like driving) because of the possibility that some litigious nutcase will cross our path.

[2shotjoe]

Sounds like he didn't use garand loads or the bolt didn't close all the way. Could be both.

Sent from my DROID RAZR using Tapatalk

[celler]

Sounds like he didn't use garand loads or the bolt didn't close all the way. Could be both.

Sent from my DROID RAZR using Tapatalk

Was just a hypothetical

[duckman1]

Your personal liability policy should provide defence in the event you are sued. Of course if this is your business you would need a General Liability Policy.