Which defect cause product liability claims?

Overall, there are three types of defects that may cause the injuries or property damage from which product liability claims may arise:

In U.S. the law applies special doctrines to product liability cases to help plaintiffs recover damages even if they cannot prove a manufacturer was negligent.

This doctrine of “res ipsa loquitur” means “the thing speaks for itself”, and holds that the defect at issue would not exist unless someone was negligent. If the doctrine is successfully applied, the burden of proof is shifted to the defendant to prove they were not negligent.

The second rule that helps plaintiffs in product liability cases is that of strict liability. If strict liability applies, the plaintiff does not need to prove that a manufacturer was negligent, but only that the product was defective. By eliminating the issue of manufacturer fault, the concept of no-fault, or “strict” liability allows plaintiffs to recover damages where they otherwise might not.

Product liability insurance is designed for all product manufacturers and suppliers. It can protect against claims of injuries or property damage caused by products sold or supplied by different businesses. It helps protect the business by ensuring that if a claim occurs, the business does not bear the responsibility for all the defense costs and settlements.

Product liability claims are complicated to navigate. A strong risk-management partner, with product liability expertise, can make it an easier process for the insured.