Theories and Forms of Product Liability Insurance

BusinessLegal

  • Author Scheygen Smith
  • Published April 24, 2010
  • Word count 630

Liability Insurance Product is a kind of insurance that is necessary for companies that promote or sell products and want themselves to be protected from lawsuits of potential consumers. Injuries, issues on health or defects that affect the consumers are the reasons why there are lawsuits. The negative outcome is drastic where the consumer hires an attorney and makes big claims with the company affected.

There are some little things to bear in mind if you are searching for companies that can offer insurances for little business. You can talk with any lawyer who can offer you advices regarding the kinds of insurance that is suitable to needs of your business. This can help you better than inquiring as insurance company because the lawyer knows much regarding legal things.

When you have reached the decision wherein liability insurance product is good for your business, then you proceed in determining the right plan for you. There are plenty of alternatives that you can add if you get car insurance. It is best to make some research intensively on every possible configuration prior to your signature in the papers.

This product insurance helps to assist you in protection of your financial assets that you have earned just in case anything happens. Having thorough testing process is a nice practice to begin product safety as it goes out of the facility. In some instances, there are some lawyers who specialize in little business liability and it would be advisable to look for their counsel. You are the owner of the small business but it won't hurt you to get some advisers that are experts in this field. Likewise, while you are searching at product insurance, you can check on other insurance policies to be sure of the protection of your small business.

Theories of Liability

In the U.S. there are most claims related commonly to product liability such as negligence, strict liability, breach of warranty and several claims on consumer protection. All types of claims on product liability require several elements that are proven to present any victorious claim.

There are 3 major kinds of product liability claims:

  • manufacturing defects

  • design defect

  • marketing defect(a failure to warn)

Manufacturing Defects - flaws that happen in the production process and involve materials of poor-quality or shoddy performance. Design defects happen wherein the manufacturing designs are dangerous or useless so they are defective even they are manufactured carefully. Failure-to-warn defects result in products which bring non obvious risks that can alleviate through enough warnings to users and these risks are present even if they are manufactured and are designed for its planned purpose.

Breach of Warranty

Warranties are declarations made by a producer or seller concerning any product during commercial transaction. Warranty claims require privity within the two parties, the injured and the producer or seller. Breach of warranty focus on any of the 3 kinds: (1) breach of express warranty (2) breach of an implied warranty of merchant's ability and (3) Breach of an implied warranty of fitness for specified purpose.

Negligence - this focus in the manufacturer's behavior. An essential negligence claim comprises of proofs of the following:

(1) duty owed

(2) a breach of function

(3) breach was in reality caused the injury of the claimant

(4) the claimant was suffering the real cause

(5) the break was proximately the reason of the plaintiff's injury

Strict Liability - focus itself in the product, the producer liable when there is defect in the product even though there was no negligence on the part of the manufacturer in doing the defective product.

Consumer Protection

Many laws have been enacted to provide for specific solutions for various defects on products. Statutory remedies were provided for some defects that make the product not usable but don't cause physical damage to some properties.

Scheygen is a simple woman that loves to explore and share things through writing. She loves to share her knowledge to the users who care to understand everything about Sell Annuity Payment.

Go and visit the Sell Annuity Payment website to get plenty of more information at: Sell Annuity Payment . Come and visit us at: http://sell-annuity-payment.com/

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