A prospective client has asked about pricing and a time frame to build this loft bed for their daughter. I can do the work but am questioning the liability factors. Are there legal issues with children’s furniture? Should I just pass on this one?
Alan Young
http://www.WoodwardWoodworks.com
Replies
Id make him sign a waiver to the fact that he is aware that the design, as presented to you has potential problems with it arising from the fact that it is an elevated bed without any safty restraints. If he is Ok with that and signs the waiver......go ahead.
Wicked Decent Woodworks
(oldest woodworking shop in NH)
Rochester NH
" If the women dont find you handsome, they should at least find you handy........yessa!"
I would agree with the above reply. I have been told that you can not sign away your liablity. It could wind up being the neighbor's kid that falls off.
Also, it has some things that seem to be time consuming, as in the shutters. This would lead be to believe that the customer "could buy it cheaper" from the manufacturer.
I've had too many potential clients wanting requests and they don't want to understand that custom(one off) is more expensive than production runs. They usually say something like "we thought you could build it for less", or " your overhead costs must be less than a large company", or even "we don't want to pay the mark up and comission to a store/salesperson, we would rather pay you"
if OSHA was on the scene and the bed was 6ft or higher they would want the sleeping child in a harness with a shock absorbing lanyard attached somewhere, probably bolted through the roof and capable of holding 5,000 lbs. hard hat, safety glasses, gloves, dust mask, and ear plugs, anyone?
after a while, i'm sure the kid would get used to sleeping with a harness and lanyard on.
And also FAA would want safety belts and a parachute. Just kidding
[email protected]
T.O.
I've had some great ww advice on this site, but I think I'd talk to my mouthpiece for legal advice- Just a thought-
Alan,
I'm in the process of updating my WW insurance. Every time I call for an insurance quote the agents first question is.. "Will you be building anything designed for children?" Then they tell me if I was planning to build wood products for children they won't talk to me about a policy. Too much risk. I heard this from every agent I talked to.
I also recieved some buisness advice from a local pro. His 1st question was.. "Is there anyway your products could kill or even harm a child?" If so, I couldn't afford to continue to build these products, the liability risk is too high.
Alan, If you DO build this bed, how will YOU sleep at night?
Well as Johnny Nash sings in that song from the 70's "I can see clearly now....."
I shall suggest the client look for an alternative. I've built several sets of bunks and lofts for my kids and cousins at a cabin but this one is too potentially "Hot"
Thanks everybody for the clarifying warning.
Alan
WoodwardWoodworks
After the fact. . . .I think that's the right decision.
Not sure it would be for any kind of child's bed, even an elevated child's bed, but it seems clear that this particular design was created solely based on "cuteness" with no consideration whatever given to either functionality or safety. I doubt it was even designed to be used or slept in. All kinds of potential problems.
In order to protect yourself, you should do two things. First, as previously suggested, make sure you have good liability coverage, and then, get yourself as big an umbrella policy as your homeowners insurance company will write. Second, even though the client hasn't asked for it, include a removable OSHA-type harness like the one that was previously suggested. If the client chooses to remove the safety features, that will reduce your exposure further.
I make many type of projects for all sorts of folks.. Not for any profit.. Just for the fun of it..
Geeee.. I never thought about the liability thing!
But then again at my age, most they can get is my tools!
If you do build it, you're going to want to put up some guard rails around the bed. Personally, I'd modify the design to make it into a playhouse only. Maybe make a matching bed off to the side. If a child falls off the top while sleeping, it's your fault. If a child falls off the top while jumping on the railing, it's the parents' fault. At least that's what Judge Judy might say.
You should make two - I'd love to see you lug the second one down to the Ann Arbor Art Fair this summer, way cooler than all of the jewelry boxes that most of the artisans hock!
-Matt
Alan -
My suggestion would be to pass on this project - the potential liabilities just aren't worth it. As others have already said, if a kid gets hurt you may find yourself beseiged by some parents lawyer.
Years ago, I used to make stuff for kids (mostly my own) and I always let them rummage thru my scrap pile and play with the "blocks". One day I mentioned that to my lawyer and after his 15 minute lecture, I decided to change my thinking - he scared the bejesus out of me. - lol
I make quite a few entertainment centers for people and one of my fixed rules is that any "glass" doors below around 36" from the floor will be either safety glass or plexiglass. If the customer doesn't want to do that, I offer to refer them to someone else.
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