Product Liability

Make Sure You Keep the Product. The Different Types of Product Defects. Document Everything. Understand the Statute of Limitations in Your State. Hire an Attorney. Filing the Claim. Make Sure Your Product Liability Claim Goes Smoothly.

Generally, to prevail on a strict product liability claim, a plaintiff must prove that an inherent defect in a product caused the damages claimed. In other words, the plaintiff must prove (1) that the product was inherently defective and (2) that the defect in the product caused the injury or damage.

Product liability is a claim of injury suffered because of a defective product. In such cases, there are three grounds for pursuing a claim and seeking damages (that is, three theories of recovery): negligence, strict liability, and breach of warranty. Most plaintiffs use as many of these three grounds as possible.

If a product with manufacturing defects causes injury to the intended user, then the manufacturer can be held liable. Manufacturing defect claims can be difficult to prove in court because they usually involve a limited number of products, unlike design or warning defects.

The manufacturer sold the product; The consumer used it in a foreseeable (intended) way; The product did not substantially change from the condition in which it was first sold; and. A defect in the product caused an injury, resulting in damages.

Transfer Risk through Management of Suppliers. A risk transfer program helps your business avoid financial vulnerability to damages and claims due to liabilities caused or contributed to by others. Managing Supplies and Imported Goods. Build Safety into Design. Keep Essential Records. Enable and Review Customer Feedback.

What is product liability insurance? Product liability insurance protects your business should a customer incur damages as a result of a fault with the product you have provided them with. It covers liability for compensatory costs, legal fees and any other costs associated with the case.

Generally, any manufacturers as well as any sellers down the distribution chain (i.e., distributors, wholesalers, and retailers) can be held legally responsible for a defective product causing injury.