Q: I'm an industrial designer, I created an espresso machine. Where do I start to approve it legally for sale?
I am currently choosing a path for the final architecture and assembly of the espresso machine design. I want to know more about the hoops that are required to approve such a product for sale. The pain points likely coming down to electrical components (outlet, power switch, heating element, temperature circuit, overheating protection) but also general risks you could experience from an espresso machine (burns from hot surfaces, steam, or boiling water, food safe materials). I am curious what factors would influence the process. IE, would manufacturing 10 units have the same guidlines as 300 units? Or would sourcing a boiler from another machine cut down on approval costs?
A:
It doesn't seem likely that a product liability attorney (the category where this is posted) would be equipped to address the issues you raise. They are more regulatory, administrative, and commercial in nature, while product liability attorneys deal more with tort law, essentially injuries resulting from dangerous or defective products. You could try reposting in other categories - as the question remains open for a week, or actively seek out attorneys (through this site, through your own searches, or through the State Bar of California). Many of the points you raise are complex and open-ended and might lend themselves out more to a thorough consult than a quick general response on a Question and Answer board. Good luck
Tim Akpinar
A:
I don't believe you need to have it approved for sale. However, if you want UL certification that has a process that you would have to consult with Underwriters' Labs for.
Your bigger question might be can you get liability insurance; will you have adequate warnings etc-- I assume for this you've looked at other models. What do they have (as they come from the box) that yours does not?
You would also want to consider patent protection if you have new "art" that you have created otherwise, also be aware of the possibility of patent infringement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
