Asked in Products Liability for Utah

Q: Could I be sued for a board game I created that doesn't have a choking hazard warning if I sold the business?

Board game is 20 years old. Has small pieces, doesn't have choking hazard warning label. My license is expired, all rights I had are gone. I'm selling 2000 games to someone else who wants to sell them individually. Am I responsible in case of worst case scenario "a child chokes" and there is no warning label?

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1 Lawyer Answer
William Tyler Melling
William Tyler Melling
  • Cedar City, UT
  • Licensed in Utah

A: It's hard to answer your question completely without more information. That being said, if the game is no longer yours to license, and you are merely selling the game wholesale to another seller, then I would suggest an indemnity clause in the purchase contract requiring the seller to assume that liability and to cover any legal fees you may incur in defending against suit in the future. There may be other steps required as well depending on the specifics of your situation.

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