From: Grant Bright, Ph.D. (gbright_at_b...)
Date: 2001-06-07 00:37:04
----- Original Message -----
From: peterson_at_d...
To: buildcheapeeg_at_yahoogroups.com
Sent: Wednesday, June 06, 2001 11:55 AM
Subject: [buildcheapeeg] Re: taking easy .
--- In buildcheapeeg_at_yahoogroups.com, "Psytrix Yahoo" <psytrix_v_at_yahoo.com> wrote:
> >I'm no lawyer, but I think all we would have to do is form a non-
profit corporation and total
> >liability would be limited to the (virtually nonexistent) assets
of the corporation.
>
> I'd like it should be so , but it was said to me by lawyers that
non-profit corporation isn't
> responsible only for its assets , but for all consequences which
they actions (or expressed ideas) may lead to
> ( eg . Greenpeace , sport addicts groups and neo-nazi groups-
despite their actions , only the expression and
> feding of their ideas may lead to lawsuitable consequences ).
>
To again play lawyer for a minute (with no credeitials and not much
knowledge):
You can't get blood out of a turnip. I am pretty sure that, at least
under U.S. law, the corporation shelters us from personal liability.
That's one of the major reasons people form so-called LLC's, or
"Limited Liability Corporations." In our case, the non-profit corp.
would have no resources of any great value, so there is nothing for a
successful plaintiff to seize. Therefore no lawyer would be
interested in taking the case. One of the few true benefits of
poverty is that nobody bothers to sue you.
If it turns out that I'm wrong in this regard, I suppose that the
alternative would be to investigate buying commercially available
liability insurance. I could call some people I know who run
nonprofit organizations and see what they do.
> Besides of that , to form a non-profit corporation we need also of
item 1 , ( if possible 2 would be good ) -
> the third , is the miracle we are waiting for ( and have to make
happening as soon as possilbe ).
>
> 1) getting a lawyer -> 2) if possible, getting FDA certificate -
>
>
3) find a manufacturer , honest,that assumes liability
> issues and that charges very cheap for the EEG
Any commercial firm would have liability insurance already. This
shouldn't be a big deal for them, especially armed with Rob Kall's
observation that nobody has ever sued a biofeedback manufacturer or
seller. Making our equipment is safer than making toys, in terms of
potential lawsuits. A headphone manufacturer could be sued for
someone wandering into traffic while distracted by listening to
music, I suppose. Actually, I don't even think I'd raise the issue of
liability risks with the manufacturer--why even plant the question in
their heads?
In my state it takes about $300 to incorporate as a nonprofit, if I
remember correctly, and I think you can do it with little or no help
from a lawyer.
>
> Waldemar
>
>
> > The manufacturer would be responsible for the legal part (
he
> > will "transmit" the costs for the user )
>
>
> See also post 714 where it's pointed out that a non-profit
> corporation could resolve the matter. This seems inevitable
> anyway if the project continues to evolve.
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This archive was generated by hypermail 2.1.4 : 2002-07-27 12:28:30 BST