Do I need a Lawyer?

[Leecha14]

Hi all!

I've created a new product and am about to launch in the US but I really want a lawyer's opinion if I have the right legal copy, safety warnings, etc. If someone wants to take me to court, I want to make sure I didn't miss anything!

I'm an over thinker but I think this time it's warranted yes? Has anyone else here launched a product and/or had legal advice, has a lawyer they an refer?

How do I over come this fear?!

Thank you - Lisa

 

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[Kevin88660]

Hi all!

I've created a new product and am about to launch in the US but I really want a lawyer's opinion if I have the right legal copy, safety warnings, etc. If someone wants to take me to court, I want to make sure I didn't miss anything!

I'm an over thinker but I think this time it's warranted yes? Has anyone else here launched a product and/or had legal advice, has a lawyer they an refer?

How do I over come this fear?!

Thank you - Lisa

Depends on the risk of the product.

 

[Mikkel]

Hard to know based on the limited information provided.

My suggestion, if you don't know the answer, reach out to a product liability lawyer. Usually, you have an intro call that is free to determine if you both are the right fit. Just realize that when you ask a person if you should use their service, it is generally bad for business if they say no. So take what they say with a grain of salt.

Weight the options of cost for legal council versus your risk tolerance. If you are getting into certain fields that may involve a 3-letter or 4-letter agency like the FDA, EPA, or USDA then it might be wise to speak with a lawyer unless you are willing to get on the phone will those agencies to better understand the regulations.

If certain safety warnings need to be placed on the product, then call the Consumer Product Safety Commission(CPSC) and ask to talk to someone who will give you the right information. They might have your products tested by a third party. Depending on the testing needed, there are various large companies that can do this including SGS and TUV.

Personally, I don't like SGS. They gave me a hard time and wasn't worth my time. TUV can be a bit confusing as they have like 5 or so different divisions. So you have to call the right one. But the process is quite easy. If CPSC says you need a certain product tested, ask what tests are needed and then request from one of the companies.

If it is as simple as having a warning label like "choking hazard" or something, then that should be easy enough.

 

[amp0193]

Because you feel the need to post here and ask… you probably haven’t done enough.

Read all requirements CPSC has published that pertain to your product. Comply with all of it before you start selling.

Get product liability insurance now.

See if you can purchase a default user manual template from a trade organization in your industry. They will often do this to promote safe use of products (and why so many manuals look very similar).

The goal of product warnings is not to be legally compliant (as they have dubious benefit at best), it’s to prevent an incident from happening in the first place. And focus on “what is the average person not likely to know when using this product” and point that out to them in as obvious a manner as possible.

But to answer your question, yes you could get a lawyer. But I’d recommend doing a lot of the leg work yourself with CPSC etc, and just bring in the lawyer (someone from the industry) to review what you’ve done and save some cost

 

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[Leecha14]

Hard to know based on the limited information provided.

My suggestion, if you don't know the answer, reach out to a product liability lawyer. Usually, you have an intro call that is free to determine if you both are the right fit. Just realize that when you ask a person if you should use their service, it is generally bad for business if they say no. So take what they say with a grain of salt.

Weight the options of cost for legal council versus your risk tolerance. If you are getting into certain fields that may involve a 3-letter or 4-letter agency like the FDA, EPA, or USDA then it might be wise to speak with a lawyer unless you are willing to get on the phone will those agencies to better understand the regulations.

If certain safety warnings need to be placed on the product, then call the Consumer Product Safety Commission(CPSC) and ask to talk to someone who will give you the right information. They might have your products tested by a third party. Depending on the testing needed, there are various large companies that can do this including SGS and TUV.

Personally, I don't like SGS. They gave me a hard time and wasn't worth my time. TUV can be a bit confusing as they have like 5 or so different divisions. So you have to call the right one. But the process is quite easy. If CPSC says you need a certain product tested, ask what tests are needed and then request from one of the companies.

If it is as simple as having a warning label like "choking hazard" or something, then that should be easy enough.

Thank you this is excellent advice, I really appreciate this and am researching CPSC now.

 

[Leecha14]

Because you feel the need to post here and ask… you probably haven’t done enough.

Read all requirements CPSC has published that pertain to your product. Comply with all of it before you start selling.

Get product liability insurance now.

See if you can purchase a default user manual template from a trade organization in your industry. They will often do this to promote safe use of products (and why so many manuals look very similar).

The goal of product warnings is not to be legally compliant (as they have dubious benefit at best), it’s to prevent an incident from happening in the first place. And focus on “what is the average person not likely to know when using this product” and point that out to them in as obvious a manner as possible.

But to answer your question, yes you could get a lawyer. But I’d recommend doing a lot of the leg work yourself with CPSC etc, and just bring in the lawyer (someone from the industry) to review what you’ve done and save some cost

Thank you, this makes a lot of sense. Launching this product has been learn as you go and I'm surrounded by risk takers who say just launch already, but I take calculated risks, I have to feel I've done my proper due diligence. Your advice is excellent and I'm going to create a user manual and focus on the average person and what they need to know. Thank you very much.

 

[Caminsky]

Most business attorneys will do an initial consult for free or low cost. They will give you an idea of the applicable regulations and licenses (if any) needed for your product. They will also discuss setting up an entity, US bank account, etc.

If you are going into a highly regulated industry, you need to know the rules. Even if you're just setting up a company in another country, you may still need to talk to someone to make sure you're covering your assets (see what I did there?).

 

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[amp0193]

Most business attorneys will do an initial consult for free or low cost. They will give you an idea of the applicable regulations and licenses (if any) needed for your product. They will also discuss setting up an entity, US bank account, etc.

Entity, bank account, etc.... yes, any business lawyer could do this easily.

Less so with product liability specific information. They'll do the same thing I said to do (google and look up regulations published by CPSC).

Much better would be to seek out the 1 or 2 lawyers who specialize in product liability specific to that category and get their opinion. But they are going to be $$$$$$$

 

[Caminsky]

Entity, bank account, etc.... yes, any business lawyer could do this easily.

Less so with product liability specific information. They'll do the same thing I said to do (google and look up regulations published by CPSC).

Much better would be to seek out the 1 or 2 lawyers who specialize in product liability specific to that category and get their opinion. But they are going to be $$$$$$$

As an attorney who does consults for companies including distilleries, dock manufacturers, O&G, and more, I generally do not tell my clients to Google the regulations themselves. It's a good idea to be aware of the regulations, but any business attorney worth his salt will also help the client figure out applicable regulations. That said, the initial startup will be just a general consult on what to expect. And many, including myself, do not charge for the initial consult (or charge a small fee).

 

[RightyTighty]

I've created a new product….

I don’t see any mention in your post or the comments regarding IP protection. If it’s unique enough for a Utility Patent you should at least file a provisional patent application before disclosing your product. With a little effort you can produce this yourself, and the filing fee is minimal. If it doesn’t meet the criteria for a Utility Patent, a design patent may be in order. Copyright/trademark protection may also be wise. Do your homework and make sure you protect yourself.

 

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[amp0193]

, but any business attorney worth his salt will also help the client figure out applicable regulations

Thanks for the counterpoint.

I think the couple generalists I talked to back in the day before going to a specialist weren't worth their salt then.

 

[Caminsky]

Thanks for the counterpoint.

I think the couple generalists I talked to back in the day before going to a specialist weren't worth their salt then.

The caveat is also that it depends on the product. If you are getting into a highly regulated space, then it can change things. But even then, I have helped clients find their footing and apply for the proper licensing. But everyone is different.

 

[Leecha14]

Hi all!

I've created a new product and am about to launch in the US but I really want a lawyer's opinion if I have the right legal copy, safety warnings, etc. If someone wants to take me to court, I want to make sure I didn't miss anything!

I'm an over thinker but I think this time it's warranted yes? Has anyone else here launched a product and/or had legal advice, has a lawyer they an refer?

How do I over come this fear?!

Thank you - Lisa

Hi everyone thanks for the input. My product is similar to a cross-body dog leash, wraps around your waist or over the shoulder for walking your dog. I have listed a maximum dog weight, warnings, etc. but I'm nervous about someone not reading this or caring, getting injured (ie: pulled, body injury) and coming after us. I have an LLC, patent-pending, trademark, etc. it is just this liability piece that I want to ensure I haven't missed anything?

It's funny because I've met others in the business who created similar products and they sell worldwide without a worry, but I know I need to ensure I've covered the basics.

thank you

 

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[WilikLimbs]

Launching a new product can definitely be nerve-wracking, especially when it comes to legalities. It's totally understandable to want to cover all your bases and ensure everything is in order.

I remember when my friend started her own business and went through a similar phase of uncertainty. Getting legal advice helped ease her worries and gave her the confidence to move forward.

 

[Johnny boy]

Hi everyone thanks for the input. My product is similar to a cross-body dog leash, wraps around your waist or over the shoulder for walking your dog. I have listed a maximum dog weight, warnings, etc. but I'm nervous about someone not reading this or caring, getting injured (ie: pulled, body injury) and coming after us. I have an LLC, patent-pending, trademark, etc. it is just this liability piece that I want to ensure I haven't missed anything?

It's funny because I've met others in the business who created similar products and they sell worldwide without a worry, but I know I need to ensure I've covered the basics.

thank you

It’s called “general commercial liability insurance” and it covers you getting sued for stuff like this as long as you weren’t being grossly negligent like putting razors in the collars and cutting the dogs up.

Buy a similar product or two and take a picture of their warnings, and tell chat gpt to write you a similar warning or list of directions or whatever that capture the gist of it.

Now back to the important stuff, how many sales do you have? None? Then stop mentally jerking yourself off thinking that you’ll even be successful enough to get sued. You need to get some sales.

A lawsuit about something like this would likely never happen, and if it did you’re a bad lawsuit target. The goal this year should be make enough money that you become a good lawsuit target.