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Product liability insurance is a type of business insurance that will protect a business from claims brought against them which may be related to the manufacture, sale, or use of goods by the general public that causes personal injury or property damage. These products include food, medicines, and many other types of products.
Claims for product liability suits aren’t only brought against the manufacturer, but also against businesses that sell, store, handle, label, and even transport products. Product liability lawsuits can bring massive claims accompanied by massive judgments against manufacturers.
According toJury Verdict Research data from Thomson Reuters, in 2017 (latest data available) the median award in personal injury cases was $125,000, which is up from $100,000 in 2016. The average award in 2017 was $1,847,438 compared with $1,356,325 in 2016.
In any product liability lawsuit, the damages awarded can include medical expenses, legal costs, compensatory damages, and more. These types of suits can and often do put a company out of business. If your business manufactures, sells, or even transports good which may be consumed or used by the general public, take a hard look at product liability coverage. The bottom line question most small businesses face is this: Can I afford not to have insurance for product liability?
Most states follow the “stream of commerce” model of liability. This means that if your company participated in placing the product into the “stream of commerce,” it can be held liable for damages to the end-user. That begs the question: who needs product liability insurance? Here are a few examples:
Product liability coverage will provide your business coverage against claims resulting in bodily injury or property damage that may be caused by your product/products. Product liability coverage will pay for legal expenses to defend your business and any legal judgments against your company up to the limits of your policy. Even if your business is found negligent, product liability insurance should still provide coverage unless the negligence is a specific type spelled out as an exclusion in your policy (such as willful wrongdoing).
Product liability insurance typically excludes lawsuits or losses related to:
Some insurance companies include product liability insurance under the ‘products and completed operations’ clause of your general liability policy. This is typically sufficient if you are in a low-risk or non-hazardous industry. However, if you sell pharmaceuticals, food, toys, insecticides, etc. the coverage under general liability may not be sufficient. In some cases, insurance companies won’t include it in your general liability policy if your business is deemed high risk and it must be purchased as separate coverage.
Design Defect: This type of claim proposes that the design of the product is unsafe. Most people think of recalls on car-seats or strollers.
Manufacturing Defects: Here, some part of the production resulted in creating an unsafe defect in the product. For example, if a product labeled as “nut-free” or “no nuts” was exposed to tree nuts in manufacturing it can result in a lawsuit when customers have allergic reactions.
Improper Instructions: The third type of claim is based on defective warnings or directions. In this case, the product is not properly labeled or a detailed and bold warning for the user to understand the risks involved. The McDonald’s coffee case is a prime example of this type of claim (detailed below).
It is important to understand how the potential liability could affect the business as a result of a claim and the types of potential claims faced by a business.
Example #1: Remember theMcDonald’s spilled coffee lawsuit? At the time, McDonald’s required that their coffee be stored and sold at temperatures at 180–190 °F (82–88 °C). A woman ordered coffee and when she went to remove the lid, she spilled the coffee on her legs, thighs, and pelvic region—causing 3rd-degree burns. McDonald’s was sued for product liability because the coffee was “defective” AKA too hot for safe consumption nor was the warning label on the cup deemed large enough to be effective. It was also found that other restaurants that sold coffee had temperatures at least 20°F (11°C) lower (much safer). Product liability insurance steps in to reimburse the burned woman’s medical expenses, lost wages, and the incurred settlement cost.
Example #2: If someone purchases a carseat from your business and it’s found that the design is defective and didn’t properly protect their child in an accident, they can sue you and the manufacturer for faulty design. They can be awarded damages for injury/medical expenses, cost of legal defense and fees, and compensatory awards for pain and suffering. If the child were seriously injured—or worst case scenario passes away—you could lose your business. Product liability insurance steps in to help cover costs that you wouldn’t otherwise be able to afford.
Example #3: Let’s say a customer buys a product from your shop—a disposable lighter. The customer uses the lighter and it malfunctions, burning your customer. Your store may be sued—along with the manufacturer—even though you had nothing to do with manufacturing it or making it unsafe, and you had no way of knowing it would malfunction. Even if you’re not responsible, you can be found liable because you were part of the supply chain—which is why you need product liability insurance to protect your business.
Special Note: If the product in question is imported from China or another foreign company, the seller in the USA becomes an easier party to target and potentially collect from then a foreign entity. It’s important to study other cases and review who is named in these types of suits. An attorney representing an injured party will sue any entity involved from manufacture through end-use.
Product liability insurance covers the costs of lawsuits and/or damages brought against you if a product is recalled due to contamination, claims of bodily harm, etc. However, it does not cover the cost of removing products from shelves, associated costs, and recouping a damaged reputation of your business. That is where product recall coverage comes into play.
The industry standard is a minimum of 1 million dollars in coverage but can be anywhere from $500,000 to $5,000,000. According toHowMuch.Net, the cost for product liability insurance is typically $0.25 per $100 in revenue. So a business that does $500,000 in sales a year may pay around $1,250 annually. However, there are a few different factors influence the cost:
If you manufacture or sell guns, your costs will likely be far higher than someone who manufactures spices because you're in a higher risk category for bodily injury and property damage.
Sit down with your licensed insurance professional and determine if product liability insurance is needed for your business. Ask tough and revel event questions to your licensed professional regarding the risk your business faces as it relates to product liability and risk of personal bodily injury to your customers. If your agent is recommending this coverage, take that recommendation seriously. Check with your state department of insurance as well for any recommendations and historical data. At CommercialInsurance.Net we strive to help small businesses find the right insurance product to protect them. To get a FREE quote, complete the form above and one of our agents will respond quickly.
