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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5530
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Minimising Risk from personal injury claims. Just want to

Customer Question

Minimising Risk from personal injury claims.
Just want to understand what the best company structure is to minimise risk - as in, is there a different between keeping the business in Australia or setting a company account offshore.
Scenarios:
1. You ship the product from Australia, but Company based in Hong Kong - revenue goes to Hong Kong.
Transaction is made by USA, Canada, etc. If they were to sue, how easy is it for them to sue via this structure
2. Product and revenue is retained in Australia under an Australian Company - what needs to be done to minimise risk if I don't want to purchase product liability insurance.
Is website disclaimer sufficient to minimise risk if the product is purely sold online.
How do we get the same protection offline through distribution channels?
Is product liability insurance still required if the disclaimers can protect against risk?
Submitted: 9 months ago.
Category: Australia Law
Expert:  Daniel replied 9 months ago.

Hello

So your business is simply selling items online?
I would suggest simply having a disclaimer on the website and perhaps even on the invoice making clear that you will not be liable for any personal injury claims of the items sold.

It would be harder for someone to sue if the entity is overseas and expensive. They generally need to initiate court proceedings in Australia, get judgement (win the case) then register the judgement in the other country where the entity is.

I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.