#intellectual property

Product liability for skateboarding gear is surprisingly idiosyncratic. Below I break the differences into concrete factors that, in practice, influence jury decisions and law firm pitches.

1. The ‘negligence’ route

• Custom trucks: Often handmade or small‑batch produced, usually documented with chain‑of‑custody records. A plaintiff must show that the maker deviated from an industry‑accepted manufacturing standard.
• Off‑brand mass trucks: Normally marketed as “factory‑assembled.” Courts expect higher evidence of a systemic defect because the defendant’s reputation depends on production volume.

2. Strict liability under the Consumer Protection Act (U.S.)

• Custom builders: Less likely to qualify for strict liability if they sell as artisan wares under the Artisan Products Act, which offers a defense for hand‑crafted items.
• Mass producers: Full strict‑liability exposure when a defect exists that is inherent in their mass‑production processes, e.g., faulty mounting bolts.

3. Warranty nuances

• Product‑wide warranties: Commercial models often come with a 1‑year express warranty covering all defects.
• Limited custom guarantees: Typically state ‘no warranty’ or offer limited indemnities, thereby shifting risk to the consumer.

4. Intellectual‑property ripples

• Custom trucks: Original design IP resides in the maker—use‑license disputes become less relevant unless you reverse‑engineer the geometry.
• Off‑brand trucks: A major source of litigation: patents like US 6,423,215 for “Quick‑Adjust Trucks” have been used as litigation leverage. If you copy that geometry without license, you risk infringement, but it also surfaces an accidental compliance risk under Product‑Safety Standards.

5. Common settlement triggers

1. Torque‑related failures – e.g., a deck twisting into the tail. Settlement amount often scaled by sales volume.
2. Bearing defects (ABP‑standard) – 100 kRPM testing failure points; higher for custom where bearings aren't rated to the same standard.

Bottom line

Custom trucks fly under the radar for liability claims only if the owner can document “artisan” standards; commercial models expose manufacturers to strict liability for even minor defects due to higher volume.

Now ask: Does my hobbyist skateboard with a set of “Winkly” trucks absolve me if a wobble causes an injury? Share data, case refs, or experiences that contradict this structure.