12-19-2008, 12:03 AM
<!--quoteo(post=288739:date=Dec 18 2008, 04:19 PM:name=allthingsevil)<div class=\'quotetop\'>QUOTE(allthingsevil @ Dec 18 2008, 04:19 PM) <a href=\"index.php?act=findpost&pid=288739\"><{POST_SNAPBACK}></a></div><div class=\'quotemain\'><!--quotecI was thinking the same thing Mark. I think its something I can get out of, but thats a big charge man.<!--QuoteEnd</div><!--QuoteEEndYeah, I'm pretty sure you'll easily get out of this. Hopefully you'll soon find out exactly why she's suing you. Did this "underage person" injure him/herself? She'd have to prove that you were negligent. Hopefully you can go through your records when you find out which buyer's mother is doing this and show this to the judge. If this person is a minor (under 18 years of age) he/she had to use someone else's bank account since they cannot legally own money on their own. The account would have to be in someone else's name with them possibly named as a co-owner. That's the nature of doing business online. Sellers cannot prove who they sell to. Only select items are federally regulated (guns, chemicals, etc) so you are not required to PROVE the buyer's age before selling to them. If I have some recommendations, I would put a disclaimer on your website like I did when I got into this business. Here's what mine says:"The blades on my gloves are pointed but I do NOT sharpen the blades nor will I do so upon request. These gloves are meant to ONLY be props for display, costumes, or for just plain old impressing your friends. They are not to be used as a weapon of any kind in any way and I assume no liability for any damages or injuries that may occur due to any irresponsible use or accident. So, be careful with them... these are NOT toys and do not let children play with them."So, while it sucks that you're at a stand-still, I personally feel that you can remain calm and be confident that you will walk away with nothing more than a recommendation to maybe package the glove better if that is in fact why she's suing you. If it's just because you sold it to a minor, the person's bank account that was used is the responsible person since they allowed (either knowingly or not) a minor to make a purchase using their account.Rest easy, bud.