Selling crafts while on ESA

HillStreetBlues

It's all down to profit, if you sell for what it costs to make or less (including free) there is no business, then public liability insurance does nor apply.
You do have to take reasonable care, like no sharp edges on your products, but that's about it.
If you sell for profit and that is your aim, then any buyer has certain right. For instance if you sell a bracelet and falls apart after a week  because it was faulty then the buyer can demand a refund. If you are not making a profit then it's a private transaction, so if the bracelet becomes falls apart after a week  because it was faulty then the buyer has no rights at all.

Auti

HillStreetBlues thank you 

Spoonie_Turtle

Auti said:

Was told if I sold anything public liability insurance was needed which covered if they hurt themselves on something I made - I make tapestry crochet bags in style of Wayuu bags and chain maille bracelets - they require a lot of concentration and repetitive actions that help me. It is so I would be covered if they sued me say if their dog ate the bracelet and it cut them or hurt themselves on the shoulder strap or yarn if they chewed it. That is why I was told that I needed it and that it was required by anywhere that I used to sell.

[Ooh wow, those are impressive crafts!]

Disclaimer: I am not a lawyer.

But, anyone can sue anyone for anything they want.  Whether they stand any chance of winning is an entirely different matter.  The burden of proof is on the claimant.  If they sued you for damage caused by a product you made, the burden of proof would be on them to show your product was defective in some way.  If for example you sold items for dogs and it ended up hurting them, they may well have a case.  But as you sell products for humans, humans that buy them have a responsibility to keep their pets safe - which common sense would say includes keeping them away from chain-mail bracelets or things made of materials that could potentially be harmful if chewed!  To stand a chance of winning any case against you they would have to prove it was directly your fault your product caused harm, rather than them being negligent or using it in a way it wasn't intended.  Which, in the scenarios you were given, I think unlikely.  

Again, I am not a lawyer but I did look into this a little when I was considering selling some of the things I make - I read lots of different sources advising people have it if they interact physically with customers at home, in the customers' homes, or in a shop you own/rent, and it was very strongly recommended for certain trades.  Not one source mentioned craft makers, and these were all sources already biased towards trying to sell policies.  (As an aside, it's really very difficult to find an unbiased source!)  So maybe do a bit more digging if one source put you off

sheramber

but of the buyer found their wrist cut by the bracelet because  of a sharp edge then you would be liable. 

Or  the bag burst and the contents were damged/broken when they fell out.

You also said that the places you looked at to sell your stuff required the insurance, so there is no way round that. if you want to use these  places to sell your goods then you will have to have insurance.

You would add an amount to the price of your items to cover the cost of the insurance. That would depend on how many items you intended to sell as you would share the cost out over the items for sale.

You may have to pay a fee to the place you use to sell. That is another cost to add to the cost of your item.

The cost of postage and packing would also need to be charged


You also need to make sure you know your responsibilities  to a buyer, such as goods going missing during delivery.

Selling to the open market is quite different to selling to friends and family.

Auti

sheramber said:

but of the buyer found their wrist cut by the bracelet because  of a sharp edge then you would be liable. 

Or  the bag burst and the contents were damged/broken when they fell out.

You also said that the places you looked at to sell your stuff required the insurance, so there is no way round that. if you want to use these  places to sell your goods then you will have to have insurance.

You would add an amount to the price of your items to cover the cost of the insurance. That would depend on how many items you intended to sell as you would share the cost out over the items for sale.

You may have to pay a fee to the place you use to sell. That is another cost to add to the cost of your item.

The cost of postage and packing would also need to be charged


You also need to make sure you know your responsibilities  to a buyer, such as goods going missing during delivery.

Selling to the open market is quite different to selling to friends and family.

Yes I agree with all of that and that is why it becomes a business and too much for me though I wonder if giving /selling to family and friends would also mean I needed insurance in case something happened to them with my items and would that also apply if I just gave them to them? Just out of curiosity do shops have insurance in case their carrier bags break or paper bags? Thank you for responding (there is also the issue with house insurance too).

sheramber

They would probably just replace the carrier but not the contents if it had been your choice what goods you put in it.