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  1. #1
    Join Date
    May 2011
    Location
    Nashville, TN., USA
    Posts
    174

    Default Any small scale honey producers ever worry about being sued?

    Anyone know what the limitations are if you sell someone a jar of honey then at some point down the road they decide your honey made tham sick and they decide to sue you? I think with most anything else you might sue someone for damages or compensation or something, you have 1 year from when the incident accured to file. I wonder if that means when 1 year has passed after you sell someone some honey, then they can't do anything.
    Any honey I have sold is genuine and good and safe; it's just that I would think anyone of us that has sold would be at least just a little bit concerned about that in the back of their minds.

  2. #2
    Join Date
    Nov 2011
    Location
    Rader, Greene County, Tennessee, USA
    Posts
    4,975

    Default Re: Any small scale honey producers ever worry about being sued?

    > I wonder if that means when 1 year has passed after you sell someone some honey, then they can't do anything.

    In Tennessee, the product liability limitation is one year:
    http://www.expertlaw.com/library/lim...Tennessee.html

    However, there are exceptions where the "clock is stopped".
    In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).
    Under Tennessee law, the statute of limitations begins to run on a minor's eighteenth birthday.

    http://www.expertlaw.com/library/lim...Tennessee.html
    Civil lawsuits are generally filed when there is a "deep pocket" whose assets can be used to pay any judgement. If you haven't got anything worth taking, -after attorney fees- no problem ...
    Graham
    USDA Zone 7A Elevation 1400 ft

  3. #3
    Join Date
    Oct 2011
    Location
    Robesonia, Pa., USofA
    Posts
    430

    Default Re: Any small scale honey producers ever worry about being sued?

    We have some similar concerns and started searching for an insurance provider.
    Near the end of this thread are two agents I found that provide insurance:

    http://www.beesource.com/forums/show...ight=Insurance

    Because I also create and sell ironwork, am going to look into any advantages that an LLC may provide.

  4. #4
    Join Date
    Jan 2011
    Location
    Athens, OH
    Posts
    2,539

    Default Re: Any small scale honey producers ever worry about being sued?

    I'm more concerned about a problem with packaging such a a chip of glass from the jar.
    Is it solipsistic in here, or is it just me?

  5. #5
    Join Date
    Jul 2012
    Location
    Toowoomba, Queensland, Australia
    Posts
    104

    Default Re: Any small scale honey producers ever worry about being sued?

    With the high prevalence of a litigation-mindset, insurance cover sounds like a safe idea. Just check the fine print for when you are covered. For example, some insurance policies only help you if you have the policy in place when the claim is made (as opposed to when you made the sale). This could prove a little awkward if you stop selling honey, cancel your insurance and THEN someone makes a claim.

    Just something to consider when comparing policies.
    Jeanette
    HiveTasks Software for beekeepers

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