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What is Product Liability Insurance?

Product Liability Insurance covers a spectrum of risks that your products might encounter. These could range from manufacturing defects, design flaws, or inadequate warning labels to misuse by consumers. If someone files a claim against your business because of an issue with your product then this policy can cover legal defense costs, settlements, and court judgments.

Product Liability Insurance provides a shield of protection for your business reputation as well. In a time when news travels fast and a single negative incident can severely harm your business image, having a policy that promptly addresses issues and compensates those affected can be a major asset.

Without product liability insurance, one significant claim could mean the end of the business you've worked so hard to build. With this policy, you can continue your operations, innovate, and expand your product line with the confidence that you're safeguarded against unforeseen liabilities.

Why do you need a Product Liability Insurance?
Introduction of Consumer Protection Act 2019 has brought significant changes to the product liability landscape in India. It includes a dedicated chapter dealing with product liability, expanding the scope of liability across the supply chain to include manufacturers, product sellers, and product service providers​. This means businesses at various points in the supply chain could face liability claims, making product liability insurance all the more critical.
Even with the utmost dedication and care put into crafting your products, they may still fall short of customer expectations. You need product liability insurance because, in case of a lawsuit, it covers legal defense costs and potential damages. Plus, it aids in covering repair or replacement expenses for defective products—even if you aren't sued. There can be design flaws, product defects, poor instructions, labels, or warnings that cause physical harm or damage to the user.

What will a Product Liability Insurance policy cover?

This insurance protects your business from claims or lawsuits resulting from bodily harm or property damage caused by defective items that your business has manufactured, distributed, or sold. A product liability insurance policy addresses claims due to :

Product injury

It covers attorney fees and court-ordered settlements or judgment costs. This includes design flaws, manufacturing flaws, warning or use flaws, and damages and injuries stemming from proper product use.

Product-related property damage

It protects your business in case a product you sell or manufacture damages a customer's property, whether due to product defects or instruction manual errors.

Product-related illness

It covers illnesses caused by products sold or manufactured by your business, such as expired food or allergy-inducing beauty products.

Products causing wrongful death

It addresses lawsuits, burial expenses, and other costs associated with customer death resulting from your product.

Legal representation costs

These include defense costs for providing documentation or information to investigators concerning product-related faults.

Public relations costs

It reimburses expenses for managing and mitigating negative company reputation due to product-related allegations.

Court attendance costs

It offers protection for reasonable costs and expenses incurred by attending court proceedings, hearings, trials, and depositions related to product-related claim defense.

Crisis communication costs

It covers costs for hiring public relations or crisis management firms to advise on public communication strategies related to product claims, lawsuits, or allegations.

What's not covered?

Since we believe in transparency, here are some cases where you won’t be covered.

Product guarantees

Insurance coverage will be inapplicable if the policyholder makes explicit warranties or guarantees to customers concerning the performance or quality of the products being sold. In the event that such products fail to meet the stated standards, resulting in a damages claim, the insurance policy will not provide coverage.

Repairing/Refurbishing costs

In the event that the insured's product causes harm or damages someone's property as a result of its defect, the insurance policy may cover the costs of compensating the affected party. However, the policy typically will not cover the cost of repairing or refurbishing the defective product itself.

Financial losses from loss of market share/goodwill

This exclusion applies to losses that may arise from a decrease in the insured's market share or loss of goodwill due to the harm caused by their product. These types of losses are typically not covered because they are considered to be indirect or consequential damages, rather than direct damages caused by the defective product itself.

Willful manufacturing/distributing of defective/dangerous products

If an insured engages in any willful or intentional misconduct, the insurance policy will not provide coverage for any resulting losses, including those that arise from claims of bodily injury, property damage, or other harm caused by the defective or dangerous product.

Employee injuries sustained while manufacturing the product

Employees of the insured are not covered under this policy for injuries sustained while manufacturing the product. The rationale behind this exclusion is that employees injured while manufacturing a product are typically covered by a separate policy named the workers' compensation insurance policy.

Technology product claims

This policy excludes coverage for certain types of losses that may arise from technology products. It may apply to losses resulting from claims of intellectual property infringement, failure of technology products to meet performance specifications, or failure to perform as intended. The rationale behind this exclusion is that in general, technology products are more complex than other types of products and are subject to a higher degree of risk due to their reliance on software, hardware, and other advanced technologies.

Who needs a Product Liability Insurance?

Businesses involved in manufacturing or selling goods, as well as distributors, importers, retailers, and others interacting with products, require product liability insurance. Clients may also need this policy to safeguard against design flaws and other risks associated with the product. This insurance protects your business from claims or lawsuits resulting from bodily harm or property damage caused to any third party by defective items that your business has manufactured, distributed, or sold.

Product Liability Insurance is necessary for various kinds of businesses :
  • Manufacturers
  • Distributors
  • Retailers
  • Online sellers
  • Pet supply shops
  • Restaurants, cloud kitchens
  • Print shops

FAQs

Are product recall costs covered under product liability insurance?
Some policies may provide full coverage for product recall costs, while others may have specific limits or exclusions. Coverage typically includes reasonable costs incurred for recall, recovery, disposal, or withdrawal, as well as customer notification costs.
What are the most common types of product liability cases?
Design defects, manufacturing defects, failure to warn consumers of potential dangers, marketing defects, and improper installation or assembly are the most common types of product liability cases.
How can a business reduce the risk of product liability claims?
To minimize risk, businesses should implement effective quality control programs, conduct thorough product testing, ensure proper labeling, comply with regulations and safety standards, obtain product liability insurance, and engage in post-sale monitoring.
What are the essential elements of a product liability lawsuit?
A product liability case generally requires proving the existence of a defect, causation and damages (the defect caused injury or harm), and intended use (the consumer used the product as intended by the manufacturer).
How do you calculate the liability for a product warranty?
Calculating warranty liability depends on warranty terms, product cost, and the number of claims filed. Methods used include the expense warranty method, accrual warranty method, and warranty reserve method.
Are there any limits to product liability?
Limits on product liability include statutes of limitations, statutes of repose, contributory negligence, assumption of risk, and limitations on damages.
In a product liability claim, who is held liable - the manufacturer or the seller?
Manufacturers are typically held to a higher standard of care, as they design, test, and produce products. However, distributors and sellers also have a responsibility to ensure the products they sell are safe and free from defects. The specific liability depends on case facts.