“Yard-selling,” the oft well-planned and strategized hobby of traveling to other’s yards looking to uncover treasures untold, is an American passion. A quick Google search even gets a frequent search topic of “yard selling tips.” However, underlying dangers lurk; and even the most astute sellers are often unaware. Due to the frequency of manufacturer recalls, that treasure you just unearthed could be the next worst thing you own. In addition to purchasing potentially dangerous items, you – the seller – could face legal consequences for selling an unrepaired item that has been recalled!
The recent IKEA furniture recall should put into perspective how careful one must be in regard to product recall awareness. With nearly 30 million items on the recall list, it’s easy to see how a yard sale or two might contain a dresser that is on the IKEA recall list. The age of the product line (nearly thirty years old) makes it highly probable that many recalled products have been or could be resold unknowingly. This could result in injuries like those caused in the “tip over” accidents that led to the massive recall.
The Consumer Product Safety Improvement Act made the resale of recalled items illegal. The law places liability on both companies and individuals reselling the products. The regulations require the sellers to ensure that the sale of their items does not violate federal laws.
Obviously, a greater concern is with larger online and retail shops such as Craigslist, eBay, or local consignment shops and policing these is easier than tracking down wayward yard sale sellers, but we believe knowledge is power!
The U.S. Consumer Product Safety Commission (CPSC) expects anyone participating in the sale of used items to visit http://www.cpsc.gov and confirm that their items are safe to resell. It’s an easy step that could bring serious peace of mind.
The attorneys at Heintz & Becker hope that by helping to keep you better informed, you are better able to avoid potentially harmful situations. If you or someone you love has been injured as a result of a faulty product or someone’s negligent actions, visit www.HeintzLaw.com or call 941-748-2916 to speak to a member of our staff.