Q: Commercial usage and shipment onto US territory of uncertified device prototype

There is an electric / mechanical motion simulator device. It contains electric servo motors and moving mechanical parts. The device interact with persons in a way they sit in a seat and it shakes them to imitate haptic effects. The device is not certified because it is a prototype. It is manufactured outside US.

Here are the questions.

1. How can it be legally shipped to US?

2. Is there a way to cover expenses that took place while manufacturing, assembling and shipping the prototype? (Something like a sale to the partners)

3. How legal is it if a US company that have bought / acquired the prototype will use it for business as attraction i.e. riding people on it for the revenue? What could be the consequences for them and for the manufacturer of the prototype? (manufacturers are a US c-corp as well).

2 Lawyer Answers
William John Light
William John Light
Answered
  • Products Liability Lawyer
  • Santa Ana, CA
  • Licensed in California

A: This site is not designed to provide the detailed legal advice that you seek. The attorneys here know nothing about the device, who should certify it, what legal regulations apply to importation, how to factor expenses, what the laws are on "rides", etc. If you want this kind of advice, you will need to retain an attorney and pay for it or do your own research, which is inadvisable.

Robert P. Cogan
PREMIUM
Robert P. Cogan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • San Diego, CA
  • Licensed in California

A: How do you promote this object? Is it an amusement device?

If you promote it as:

"intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or

intended to affect the structure or any function of the body of man or other animals, and which does not achieve its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes" then selling or using it in the US could be a crime.

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