Small turnings and choking hazard

[Richard Dooling]

I'll humbly disagree with the advice to seek the opinion of an attorney for the simple reason that it will be just that... an opinion. Unless you can find an attorney that will indemnify you against choking related claims(you will not), the legal opinion will not prevent legal action against you. Why waste your time and potentially your money?

I respect your concerns about potential hazards, and I agree with David D about the 1.75" or greater being a reasonable threshold.

David, this is why I'm looking into "best practices" rather than assuming my only option is to pay$$ for advice that is not a guarantee. There is not much money to be made in this project but it's fun and people enjoy the ornaments. It's just a turned acorn ornament - no big deal.

In Turning Toys Richard Raffan shows a piece of wood with a 1.75" hole as a standard. He says that anything that goes through the hole "no matter how it's presented, poses a choking hazard." Seems like solid advice.

[Malcolm McLeod]

I believe you can also check with the US Consumer Product Safety Commission. Several (OK, many) years ago, my company at the time manufactured products that a child could potentially choke on (tho' not marketed to children). If memory serves, the US CPSC offered 'choke tubes' - - if a product would fit inside, then all the appropriate warnings and labels were required. Might be worth a read of their website?

Not an attorney, but with 5 in the immediate family, I've heard one or eighty-seven times that anybody can sue you for anything, at any time. ...Might not prevail, but they can certainly file suit. 'Your' attorney can't stop such (should you consult with one). Best bet is to know, understand, and follow the relevant rules. How you get there is entirely up to you.

And best wishes for your endeavor.

[David L Morse]

If memory serves, the US CPSC offered 'choke tubes' - -

Good memory Malcolm.

This, from the Code of Federal Regulations, Chapter II, Subchapter C, Part 1501, Section 1501.4, might be of interest:
Choke.JPG

[Richard Dooling]

Thanks.
These are cheap on Amazon but are built to the 1.25" standard

[Ted Reischl]

Ted I'm sorry you felt the need to be so uncivil in your response. You seem to be very angry. If you feel this thread is a waste of time then don't read it. Simple.

Ahhh, the ol' "you must be angry" routine. Hardly angry. Uncivil? Nope, just told you like it is. Here you sit asking for advice on an internet forum but you can get real advice from a professional. Does not make sense does it?

Now you have people playing attorney on the internet, qouting you law, telling you how X amount of people in their families are lawyers when all you really need to do is call a real attorney. Incredible.

I am going to take your advice and not bother with this thread anymore. When we have people saying that it is NOT a good idea to seek an attorney's advice on a legal matter because they will not "indemnify" the client I know I am reading pure garbage. The guy who posted that forgets a few little things in his infinite knowledge of attorneys. First, they are trained in the law. They can refer to case law to see how it has been interpreted. But you go right ahead, base your decision on what you hear on the internet. Good luck!!!!

[John Keeton]

The only real "guarantee" is good product liability insurance, but you won't like the cost. Yes, anyone can sue and winning is not a sure thing. But, merely defending such a suit can cause financial ruin.

An attorney qualified in this area can, in fact, provide you with guidelines that can at least minimize one's exposure.

[Malcolm McLeod]

...
Not an attorney, but with 5 in the immediate family, I've heard one or eighty-seven times that anybody can sue you for anything, at any time. ...Might not prevail, but they can certainly file suit. 'Your' attorney can't stop such (should you consult with one). Best bet is to know, understand, and follow the relevant rules. How you get there is entirely up to you.
...

Ahhh, the ol' "personal responsibilty" routine. How could I have been so irresponsible?

...
Now you have people playing attorney on the internet, qouting you law, telling you how X amount of people in their families are lawyers when all you really need to do is call a real attorney. Incredible.

Pretty sure I didn't cite any laws. Anecdotes? ...maybe.

I am going to take your advice and not bother with this thread anymore.

Thank you ...speaking just for myself, of course!

[Richard Dooling]

Gosh Ted. I guess this means we aren't going steady anymore?

[David E Keller]

I didn't mean to convey that I had an infinite knowledge of attorneys or legal matters... nothing could be could be further from the truth. I only hoped to point out that an opinion from an attorney would offer little or no protection against litigation. I wouldn't begrudge anyone the opportunity to seek legal advice, but it should be seen for what it is... Advice.

While I will concede that attorneys are, in fact, 'trained in the law', I would argue that's a bit like saying that doctor's are 'trained in medicine'. Both are superficially true but fail to recognize the requisite specialization required in both fields. I don't take medical advice from someone just because they happen to have completed medical school, and I wouldn't take legal advice from someone just because they passed the bar exam. An opinion from an attorney who specializes in product liability? Sure, but I don't think I'd be likely to find one in my area... I suspect others might have similar difficulty finding such a specialist.

The orginal post was a question primarily about safety with legal exposure as a secondary component. Since the forum is a place to share opinions, I feel comfortable sharing mine regarding what I feel is safe. As it turns out, my thoughts were on the conservative side of things when considering the reference from the code of federal regulations above. Amazing what one can find on the internet with the help of a few friendly woodworkers.

[Michael Schneider]

Talk to a lawyer or make your own call. The truth is anyone can sue you for anything. I talked to my insurance agent, and for a very small fee, I am covered for up to 1 million dollar lawsuite. This covers any lawsuite. From snow on the sideway, car accident, ...

You might consider this.

Michael