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product liability risks for individual potters

updated tue 19 dec 06

 

John Rodgers on fri 15 dec 06


This is something that has festered in the back of my mind for a very
ong time, and I wondered if there was a concensus on it. I don't have a
store, don't run a website to sell, but I do a three shows and a few
craft fairs a year, mainly to supplement retirement pay. Nonetheless, I
try to maintain a "professional" status - I have now been earning a
living at clay for 20 plus years. Because of this, I occasionally pick
up large projects, which I do at home in my backyard shop. The public is
not invited, and I never sell from home. I do sell virtually everything.
First, seconds, and junk. Most of the seconds and junk are sold
primarily to recover the costs of the clay and glaze, much less anything
else. I certainly can't expect to recover my labor in such. There is
however, a pottery piece for everyone, and for every pot there is
someone who will think it's wonderful and want to take it home. But it
definitely rasies a liability issue.

So, what IS the product liability situation for all those potters out
there who are working sort of like me?

I really would like to know.

Thanks,

Regards,

John Rodgers
Chelsea, AL

Richard Aerni on sat 16 dec 06


I've had product liability insurance for 25 years, along with my normal
business package which covers the premises, equipment, and inventory up to a
certain point. I believe I have 2 million dollars of coverage, along with
an umbrella policy which adds another 2 million dollars. It isn't overly
expensive. Let me put it this way...I just bought a canopy which cost me
about three years worth of insurance.

Best wishes,
Richard Aerni
Rochester, NY

Nancy on sat 16 dec 06


Richard

I am looking for product liability and equipment only coverage in NYS
but haven't been able to find it. Can you tell me which insurance
company you got it from? I am in Maine just outside of Binghamton.

Thanks in advance

Nancy
www.hilltoppottery.com



Richard Aerni wrote:
> I've had product liability insurance for 25 years, along with my normal
> business package which covers the premises, equipment, and inventory up to a
> certain point. I believe I have 2 million dollars of coverage, along with
> an umbrella policy which adds another 2 million dollars. It isn't overly
> expensive. Let me put it this way...I just bought a canopy which cost me
> about three years worth of insurance.
>
> Best wishes,
> Richard Aerni
> Rochester, NY
>
> ______________________________________________________________________________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at melpots@pclink.com.
>

Chris Campbell on sat 16 dec 06


John wrote ...

So, what IS the product liability situation
for all those potters out there who are
working sort of like me?

The two word answer is "Who knows?"

The lawsuits get crazier every day and it
seems to be only a matter of time before
someone decides to sue a potter.

Maybe a dish will crack and collapse
between the stove and the counter or
blow up in the microwave.

Maybe someone will claim a certain
glaze ingredient was unsafe ...

The important thing it to establish a
wall between your personal assets and
the assets of your pottery business so they
cannot be attached through a lawsuit.

I am a Limited Liability Corporation ...
a bit of paperwork and a yearly fee.

This keeps my home and personal assets
totally separate.

So if I get sued, they can come and get
my clays and glazes and I might even
help them carry some of the older stuff
if they promise to keep it.

Chris Campbell - in North Carolina


Chris Campbell Pottery LLC
9417 Koupela Drive
Raleigh NC 27615-2233

Fine Colored Porcelain since 1989

1-800-652-1008
Fax : 919-676-2062
website: www.ccpottery.com
wholesale : www.wholesalecrafts.com:

Lois Ruben Aronow on sun 17 dec 06


I'm dying to know who use. Mine costs about as much as a big new kiln, and
gets more expensive every year.

> -----Original Message-----
> From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG] On Behalf Of
> Richard Aerni
> Sent: Saturday, December 16, 2006 5:21 AM
> To: CLAYART@LSV.CERAMICS.ORG
> Subject: Re: Product Liability Risks for Individual Potters
>
> I've had product liability insurance for 25 years, along with
> my normal business package which covers the premises,
> equipment, and inventory up to a certain point. I believe I
> have 2 million dollars of coverage, along with an umbrella
> policy which adds another 2 million dollars. It isn't overly
> expensive. Let me put it this way...I just bought a canopy
> which cost me about three years worth of insurance.
>
> Best wishes,
> Richard Aerni
> Rochester, NY
>
> ______________________________________________________________
> ________________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your
> subscription settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
> melpots@pclink.com.

Nancy on mon 18 dec 06


To everyone who emailed me off list.

I did not receive a response from Richard on my question, but I did get
info from someone else and received my quote this morning for $600 a
year for 1mill in liability and 25K in equipment. Base rate of $185,
liability $60, business property $370. I may just take the liability
for the $250 it will cost.

Here is where my quote came from:
http://www.mag-hrh.com/pages/accCraft.asp

Here is another site for more insurance ideas.
http://www.craftsreport.com/resources/insurance.html

I'm not saying one is better than the other or that one or any are
good. Just sharing info that might help everyone out.

Nancy
www.hilltoppottery.com

Lois Ruben Aronow wrote:
> I'm dying to know who use. Mine costs about as much as a big new kiln, and
> gets more expensive every year.
>
>
>> -----Original Message-----
>> From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG] On Behalf Of
>> Richard Aerni
>> Sent: Saturday, December 16, 2006 5:21 AM
>> To: CLAYART@LSV.CERAMICS.ORG
>> Subject: Re: Product Liability Risks for Individual Potters
>>
>> I've had product liability insurance for 25 years, along with
>> my normal business package which covers the premises,
>> equipment, and inventory up to a certain point. I believe I
>> have 2 million dollars of coverage, along with an umbrella
>> policy which adds another 2 million dollars. It isn't overly
>> expensive. Let me put it this way...I just bought a canopy
>> which cost me about three years worth of insurance.
>>
>> Best wishes,
>> Richard Aerni
>> Rochester, NY
>>
>> ______________________________________________________________
>> ________________
>> Send postings to clayart@lsv.ceramics.org
>>
>> You may look at the archives for the list or change your
>> subscription settings from http://www.ceramics.org/clayart/
>>
>> Moderator of the list is Mel Jacobson who may be reached at
>> melpots@pclink.com.
>>
>
> ______________________________________________________________________________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at melpots@pclink.com.
>
>

Kathy McDonald on mon 18 dec 06


Nancy....

seems like a really good price, I posted earlier about this
but not as it related to specific product liability.

when I carried liability insurance
to do large shows, teach, and to have home sales etc.
it cost me an additional 600+ dollars over and above
my normal liability, fire, and household insurance.
My studio is in my attached garage.

I do not know much about product liability
but the agent I spoke to who sold me that additional
insurance assured me that if a pot blew up and
injured someone I would be covered as long as
I had made it clear at the point of sale how the product
was to be used safely. (ie:oven safety , glazes not intended
for functional use, etc.)

I made small printed cards that I taped to the bottom of
pieces.

I was never sure about whose liability it was for product
sold in
stores that was purchased wholesale. I still put the cards
in with orders.
No idea if they were used by the retailers.



There was the urban legend about a potter losing all due to
a pot blowing up and taking someone's eye out.
I don't know whether this is true or not. Sure makes one
think tho.

It also seems like specific products need to be addressed
differently.


The real issue became my oil burning candles..those ones
with wicks.

A lawyer friend gave me advice on this one.

No liability insurance or disclaimers would ever cover
those.
I was even advised to make a hang tag that said "use at your
own risk".
Seems like overkill doesn't it.

This information is a bit dated (ie:2 yrs) but with lawsuits
becoming as common as carrots I think we crafters need to
be well aware
of the issues involved.

Kathy
http://s4.photobucket.com/albums/y130/claylady/


-----Original Message-----
From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG]On Behalf Of
Nancy
Sent: Monday, December 18, 2006 10:33 AM
To: CLAYART@LSV.CERAMICS.ORG
Subject: Re: Product Liability Risks for Individual Potters


To everyone who emailed me off list.

I did not receive a response from Richard on my question,
but I did get
info from someone else and received my quote this morning
for $600 a
year for 1mill in liability and 25K in equipment. Base rate
of $185,
liability $60, business property $370. I may just take the
liability
for the $250 it will cost.

Here is where my quote came from:
http://www.mag-hrh.com/pages/accCraft.asp

Here is another site for more insurance ideas.
http://www.craftsreport.com/resources/insurance.html

I'm not saying one is better than the other or that one or
any are
good. Just sharing info that might help everyone out.

Nancy
www.hilltoppottery.com

Lois Ruben Aronow wrote:
> I'm dying to know who use. Mine costs about as much as a
big new kiln, and
> gets more expensive every year.
>
>
>> -----Original Message-----
>> From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG] On Behalf
Of
>> Richard Aerni
>> Sent: Saturday, December 16, 2006 5:21 AM
>> To: CLAYART@LSV.CERAMICS.ORG
>> Subject: Re: Product Liability Risks for Individual
Potters
>>
>> I've had product liability insurance for 25 years, along
with
>> my normal business package which covers the premises,
>> equipment, and inventory up to a certain point. I
believe I
>> have 2 million dollars of coverage, along with an
umbrella
>> policy which adds another 2 million dollars. It isn't
overly
>> expensive. Let me put it this way...I just bought a
canopy
>> which cost me about three years worth of insurance.
>>
>> Best wishes,
>> Richard Aerni
>> Rochester, NY
>>
>>
____________________________________________________________
__
>> ________________
>> Send postings to clayart@lsv.ceramics.org
>>
>> You may look at the archives for the list or change your
>> subscription settings from
http://www.ceramics.org/clayart/
>>
>> Moderator of the list is Mel Jacobson who may be reached
at
>> melpots@pclink.com.
>>
>
>
____________________________________________________________
__________________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your
subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached
at melpots@pclink.com.
>
>

____________________________________________________________
__________________
Send postings to clayart@lsv.ceramics.org

You may look at the archives for the list or change your
subscription
settings from http://www.ceramics.org/clayart/

Moderator of the list is Mel Jacobson who may be reached at
melpots@pclink.com.
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