Candyguy Posted December 12, 2015 Share Posted December 12, 2015 Hi guys Today I was rejected by an owner to put in a gumball machine because they said that they would be held liable if a little kid choked on a gumball. I explained to them that I have liability insurance and it would fall on me. The owner said I was wrong because the machine would be at their location therefore they would always be liable. Who's right here? Link to comment Share on other sites More sharing options...
gumball guy Posted December 12, 2015 Share Posted December 12, 2015 Obviously each case is unique and laws vary from state to state but most likely both parties could be held liable and that's why everyone should carry liability insurance. If something did happen, most lawsuits name as many people as possible in an attempt to increase the odds of getting a payoff. If you as a vendor let your liability insurance lapse then I guarantee they would go after the business owner if they couldn't get the desired financial restitution from you the vendor. Link to comment Share on other sites More sharing options...
PerformaVending Posted December 12, 2015 Share Posted December 12, 2015 Varies state to state, but since a parked car is at least 10% at fault I suppose the location could be liable, theoretically. I usually insist I'm fully insured if and when this ever comes up, and take all the care I can to point out warning labels and whatnot, but even that's not a total guarantee. Now, I think the chances of a kid choking to death on a toy, then the location somehow being held liable more-so than you is less likely than the location being overrun with flying pigs, but you can't always convince people of that. I guess keep on moving. In business you have to be willing to accept some risk to get the reward- if the guy doesn't want to take a microscopic risk on you, obviously he's not going to reap any reward for you being there- financial or otherwise. Don't let it get you down, as far as I can tell, you did everything I would have done. Link to comment Share on other sites More sharing options...
rodney69 Posted December 12, 2015 Share Posted December 12, 2015 Both are typically liable. For then to be covered on your policy they have to be listed on it. Some ins will do this for a flat fee, some free up to a certain amount. Depends on your carrier. Link to comment Share on other sites More sharing options...
Hillbilly Posted December 17, 2015 Share Posted December 17, 2015 You can additionally insure other companies on your policy. Your insurance company should be able to provide you with an Acord certificate listing them. Link to comment Share on other sites More sharing options...
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