Sunflower Pool and Patio is not solely a retailer specializing in outdoor leisure spaces; it’s also a potential target for legal exposure claims because of the products and services they sell. The concept of legal exposure is something that most businesses deal with or think about on a daily basis. It is important to know how legal exposure may apply to your business, so you can protect your interests and lower the risk of litigation. In this post, we will discuss 10 key points to understand regarding legal exposure. Specifically, we will address how legal exposure might affect businesses in the pool and patio industry, like Sunflower Pool and Patio.
What is legal exposure exactly? Legal exposure means that a business could be exposed, by law, to any number of legal claims that could be filed against them or their products. Legal exposure is particularly relevant to retailers, sellers and distributors of products, like Sunflower Pool and Patio, which sells pools, hot tubs, BBQ grills etc. The products sold by Sunflower Pool and Patio potentially carry the risk of micro-exposure for all the parties involved. Common legal risks associated with outdoor structures are improperly installed items, such as peeling paint, chemicals, or other potential product hazards like sharp edges, hot surfaces, heavy lifting materials, etc. Improperly maintained structures is another common risk for exposure. For example, if a deck’s rail becomes loose, people can fall over it and risk injury. Likewise, if a part of a deck were to rust, the structure could fail under normal use and people may fall or be injured. Some of the risks associated with outdoor furniture depend heavily on the product itself and its makeup. If furniture has peeling paint, peeling lacquer, rough surfaces, or sharp edges, the exposure could be more that it doesn’t match the image of the product that was purchased, but rather that the customer could become injured if they cut or scraped themselves.
A Common Legal Risk Associated with Outdoor Furniture – Patio Sets. If the furniture that a merchant is selling comes plumbed with sharp decorative inlays, the risk of micro-exposure is much higher than an unembellished piece of furniture. One of the biggest legal exposures for retailers dealing with outdoor furniture are the BBQ components that are sold by the retailer. Again, the products are sometimes donated, which does not mitigate the risks of having a poorly manufactured or maintained product. The simple act of doing a quality control check on the equipment and the propane lines and tanks can lower your chance of being the target of an accident that results in an injury. Unfortunately, if no inspection is done on the propane connections or tank before sale, exposing the business to litigation if a customer received a faulty grill or propane component. The overall underlying message is that if you don’t know what you are selling, then you are exposed to being liable for anything that goes wrong with that item. Either hire an inspector to inspect the products that you are selling or read the instructions and know what you are selling yourself. Without safety precautions and proper maintenance and knowledge of the items that are being sold to customers, it is easy to become liable for any injuries or damages caused by the defective item. If the retailer does NOT do proper due diligence and make sure the items are safe for their customers, then the retailer will be liable for all the legal repercussions that result from the injury. The more informed you are about your business and products, the more you can mitigate bad legal exposure. Improve awareness of the product and its components in every way possible. In addition to knowing the items, shop around and price check, to see if the item is being sold at the lowest possible cost. Look for the best prices for the materials that will be used to make the items that are sold. This way, if the retailer is ever outpriced on an item that they are selling, they will then be able to lower their price on the item of higher cost or switch retailers. Work with your insurance company to develop comprehensive coverage that covers and protects from any risk or micro-exposure that a business may have. Shop around different insurance providers to find the one with the most comprehensive coverage plan for your specialized business. Doing so will save companies time and save them from any potential negative exposure that their business may suffer as a result of an insurance miscalculation.
Caveats! If sold products come with safety instructions, including an instructional video, then take the time to send some “thank you” cards to the customers and include a link to the instructional video that provides information about the product that was purchased. Seek legal protections if: Businesses should remain alert and protective of their employees and customers and understand what jobs and products that they are dealing with to help limit negative legal exposure. If these tips are followed and the statutes pertaining to the products are not broken, the business should limit the potential negative exposure they would otherwise be left with if they had neglected these rights and principles.
For more information on legal exposure and its implications, you can visit this Wikipedia page.