Manufacturers create many useful and necessary products but are also open to a wide array of risks and exposures. Depending on the exact types of products being produced and sold, the risks will vary, but if the item in question ends up causing an injury due to a defect, this will certainly be a major concern. In order to minimize product liability exposure, or to defend product safety when necessary, owners need Product Liability Insurance to protect them against claims in the event someone does suffer an injury when using their product.
In Defense of The Manufacturer
Issues brought up in product liability claims need to be thoroughly understood and examined. The basic principles of safety in product design are for manufacturers to design out any defect to eliminate hazard so that the product is deemed safe. If a hazard is known to exist and cannot be designed out, then you must build in safety devices to prevent injury
Manufacturers must also provide warnings when deemed necessary.
In most product liability cases the defendant will attempt to assert that there is no evidence of prior accidents, and if there had been prior accidents the defendant would have known about them. There should be a mechanism in place to check on the safety of the product, as well as several ways to determine whether or not there had in fact been accidents involving the product.
Foundational evidence must be established before evidence of a lack of prior accidents would be admissible. In order to lay the proper foundation for a defense of no prior accidents the defendant would also have to show they likely would have known of those prior accidents if they had occurred. This could be based upon the number of units sold and the extent of prior use, provided that identical products were used under similar circumstances.
The fact is that defective products are simply part of the downside of the manufacturing industry. In California, as in most states, it’s prudent for any company operating this type of business to carry Product Liability Insurance to ensure that if a lawsuit arises claiming injury from a defective product, that the company will be in a position to mount a defense.