# Any small scale honey producers ever worry about being sued?



## LampBurner (May 4, 2011)

Anyone know what the limitations are if you sell someone a jar of honey then at some point down the road they decide your honey made tham sick and they decide to sue you? I think with most anything else you might sue someone for damages or compensation or something, you have 1 year from when the incident accured to file. I wonder if that means when 1 year has passed after you sell someone some honey, then they can't do anything.
Any honey I have sold is genuine and good and safe; it's just that I would think anyone of us that has sold would be at least just a little bit concerned about that in the back of their minds.


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## Rader Sidetrack (Nov 30, 2011)

>  I wonder if that means when 1 year has passed after you sell someone some honey, then they can't do anything.

In Tennessee, the *product liability* limitation is one year:
http://www.expertlaw.com/library/limitations_by_state/Tennessee.html

However, there are exceptions where the "clock is stopped". 


> In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the* victim of the injury was a minor* at the time the injury occurred), *mental incompetence* (the victim of the injury was not mentally competent at the time the injury occurred), and the *defendant's bankruptcy* (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).
> Under Tennessee law, the statute of limitations begins to run on a minor's eighteenth birthday.
> 
> http://www.expertlaw.com/library/limitations_by_state/Tennessee.html


Civil lawsuits are generally filed when there is a "_deep pocket_" whose assets can be used to pay any judgement. If you haven't got anything worth taking, -_after _attorney fees- no problem ... :lookout:


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## Allen (Oct 5, 2011)

We have some similar concerns and started searching for an insurance provider.
Near the end of this thread are two agents I found that provide insurance:

http://www.beesource.com/forums/sho...e-finding-insurance/page2&highlight=Insurance

Because I also create and sell ironwork, am going to look into any advantages that an LLC may provide.


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## cg3 (Jan 16, 2011)

I'm more concerned about a problem with packaging such a a chip of glass from the jar.


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## Jeanette (Jul 7, 2012)

With the high prevalence of a litigation-mindset, insurance cover sounds like a safe idea. Just check the fine print for when you are covered. For example, some insurance policies only help you if you have the policy in place when the claim is made (as opposed to when you made the sale). This could prove a little awkward if you stop selling honey, cancel your insurance and THEN someone makes a claim.

 Just something to consider when comparing policies.


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## matt1954 (Sep 8, 2010)

We carry 2 Million dollar product liability insurance. We don't use glass in our bottling, only plastic. However, despite all the good information here, it would be best if you consulted with an attorney. He probably will charge you a couple hundred to speak with him, but it will be money well spent in the long run. 

Also as far as tolling statutes are concerned, keep in mind the clock starts ticking when the injury occurs, not when the honey was sold.


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## treeWinder (May 3, 2013)

Jeanette said:


> With the high prevalence of a litigation-mindset, insurance cover sounds like a safe idea. Just check the fine print for when you are covered. For example, some insurance policies only help you if you have the policy in place when the claim is made (as opposed to when you made the sale). This could prove a little awkward if you stop selling honey, cancel your insurance and THEN someone makes a claim.
> 
> Just something to consider when comparing policies.



Good suggestion Jean, for people to check. There are 2 types of policies to be concerned with: "Claims Made" and "Occurrence". In short the "Claims Made" is a policy that will provide you coverage only if the claim is made when the policy is in effect. "Occurrence" is a policy that will provide coverage for a claim occurring during the policy period even if the claim comes sometimes later. Not to get to detailed but some "Occurrence" based policies will only provide that coverage as long as you keep the policy going. We use "Occurrence" based.


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## LampBurner (May 4, 2011)

I think I might be deciding the risk here just isn't worth selling any honey. All of us that sell honey are at risk here and I would venture to say that the majority don't have any insurance. 
I have been with 2 home owner insurance companies since I began selling a little honey and tried to speak to them about that and was just given the run around meaning being directed to different departments that never got back with me, then just left hanging as for getting any answers concerning information about it. It seems they might think it to risky for them and would rather not provide any coverage for such thing. That makes it seem even more scary. 
Someone could make or claim an "injury" as matt put it anytime any years later after having sold a jar of honey.

Mat1954 may I ask what your coverage for this we are talking about alone is costing you and what company you are with? Aside from my home owners insurance, I have tried to talk to a couple others and have gotten nowhere.


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