Any liability with selling an APAP unit

zack243 · Post by **zack243** » Tue Aug 16, 2016 8:38 pm

I am considering selling a CPAP unit. Secondwind has too many of that particular unit in their current inventory, and wants to delay purchasing it. So, I thought I would simply sell it outright.

I am beginning to question if it is prudent for me to sell it to another individual. Is there any legal liability when selling a CPAP unit to someone without a prescription? Informed facts and opinions would be appeciated.

Thank you,

Zack

palerider · Post by **palerider** » Tue Aug 16, 2016 8:43 pm

zack243 wrote:I am considering selling a CPAP unit. Secondwind has too many of that particular unit in their current inventory, and wants to delay purchasing it. So, I thought I would simply sell it outright.

I am beginning to question if it is prudent for me to sell it to another individual. Is there any legal liability when selling a CPAP unit to someone without a prescription? Informed facts and opinions would be appeciated.

other than the cpap police breaking down your door at 4am and shooting your dog?

Julie · Post by **Julie** » Tue Aug 16, 2016 8:43 pm

You're safe... only liability I could imagine would be as it would with selling anything - if you deliberately make false claims about it, it could be considered fraud I suppose (watching too much P's Court ) and they could go after you in court, but that's all I think.

Goofproof · Post by **Goofproof** » Tue Aug 16, 2016 8:47 pm

Dont get caught putting anthrax spores on the filter. Jim

rick blaine · Post by **rick blaine** » Wed Aug 17, 2016 2:42 am

I don't know about US law, but I do know about UK law. Here, liability starts with the manufacturer, and then - all other things being equal - 'passes thru' any subsequent seller and re-seller.

The assumptions that a reasonable person might make when considering purchase are that (a) the original equipment manufacturer tested 'the device' and made sure that - 'under normal operating conditions' - it does no harm, and that (b) any subsequent owner has done nothing to alter that state of affairs (fair 'wear and tear' being taken into consideration).

If you think about it, this is the same as another everyday piece of equipment - the automobile.

Now, whether you should require to see a prescription before you sell it ...

zack243 · Post by **zack243** » Wed Aug 17, 2016 6:21 am

Thank you Julie and rick blaine for the comments.

My question was not intended to be facetious. Unfortunately, we live in a litigious world, and new/used medical equipment usually requires an Rx prior to receipt....just ask any of the online vendors or a DME.

Anyway, it seems that individual-to-individual sales ARE common. Maybe my question was naive and too paranoid??? I will offer the machine here in a few days.

Zack

Hang Fire · Post by **Hang Fire** » Wed Aug 17, 2016 6:52 am

Julie wrote: Julie

Posts: 12956
Joined: Tue Feb 28, 2006 1:58 pm
Location: Canada
Gender: Female

You're safe... only liability I could imagine would be as it would with selling anything - if you deliberately make false claims about it, it could be considered fraud I suppose (watching too much P's Court and they could go after you in court, but that's all I think.

You are an expert on U.S. laws and judicial system because you watch American TV every night: Law & Order, Boston Legal, The Practice, L.A. Law, Ally McBeal and B&W Perry Mason.

Julie · Post by **Julie** » Wed Aug 17, 2016 7:01 am

You're filth!

chunkyfrog · Post by **chunkyfrog** » Wed Aug 17, 2016 7:38 am

Any used item should be represented as such.
Used cars are sold with a bill of sale, acknowledging that both parties accept the item is used and sold "as-is".
This protects the seller against spurious claims. A "mileage" (run.hours) statement would be good to include.

avi123 · Post by **avi123** » Wed Aug 17, 2016 8:28 am

From the point of view of the Food and Drug Administration which is a Gov agency it is the same as you selling legal Rx drugs to anyone. Assume for a moment that the person who bought a CPAP from you and died while using it. This person's family could hire an attorney who would force the owner of this website to provide your legal full name. Then a court order would invite you and the owner of this website to show up and face charges. It could cost you a few millions.

LSAT · Post by **LSAT** » Wed Aug 17, 2016 8:42 am

avi123 wrote:From the point of view of the Food and Drug Administration which is a Gov agency it is the same as you selling legal Rx drugs to anyone. Assume for a moment that the person who bought a CPAP from you and died while using it. This person's family could hire an attorney who would force the owner of this website to provide your legal full name. Then a court order would invite you and the owner of this website to show up and face charges. It could cost you a few millions.

How about all the medical advice you give on this site avi.....I could find numerous examples...

Jay Aitchsee · Post by **Jay Aitchsee** » Wed Aug 17, 2016 8:45 am

avi123 wrote:From the point of view of the Food and Drug Administration which is a Gov agency it is the same as you selling legal Rx drugs to anyone. Assume for a moment that the person who bought a CPAP from you and died while using it. This person's family could hire an attorney who would force the owner of this website to provide your legal full name. Then a court order would invite you and the owner of this website to show up and face charges. It could cost you a few millions.

Not exactly true, avi. Review this thread for applicable references: viewtopic.php?f=1&t=105610&start=0&st=0 ... a#p1000426

Hang Fire · Post by **Hang Fire** » Wed Aug 17, 2016 8:55 am

Looks like Julie is up to her old tricks of deleting posts of people who call her out for giving advice on things where she has no expertise. She even deletes her own post.

Hang Fire wrote:
Julie wrote: Julie

Posts: 12956
Joined: Tue Feb 28, 2006 1:58 pm
Location: Canada
Gender: Female

You're safe... only liability I could imagine would be as it would with selling anything - if you deliberately make false claims about it, it could be considered fraud I suppose (watching too much P's Court and they could go after you in court, but that's all I think.
You are an expert on U.S. laws and judicial system because you watch American TV every night: Law & Order, Boston Legal, The Practice, L.A. Law, Ally McBeal and B&W Perry Mason.

Julie wrote:You're filth!

PEF · Post by **PEF** » Wed Aug 17, 2016 9:18 am

I don't pay any attention to Julie anyway.

AVI - I can tell you for sure that these so called "laws" have absolutely NOTHING to do with patient health and safety and EVERYTHING to do with Corporate and Government collusion to force people to pay a much higher price for these items than the FREE MARKET would allow. That is, if we actually had any free markets left. It is all about Government and Corporate racketeering.

Sir NoddinOff · Post by **Sir NoddinOff** » Wed Aug 17, 2016 10:18 am

I've been here since early 2012 and have never heard of any one having to face liability issues. Maybe before my time but I doubt it.

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