It may not always be a legal requirement to acquire product liability insurance if you have a company in the business of marketing a certain product. But in the long run, it may actually be a wise investment. You might entertain the worthy goal of providing well made, perfectly working, quality products, so nobody should ever have a reason to sue you to begin with. But with human error, machine malfunction and the very laws of statistics, something is bound to “give” sometime. And if you’re doing business in the UK or the European Union, then this insurance is mandatory.

One of the problems facing you is public expectation. People simply assume that all consumer products can reasonably be expected to work perfectly all the time. So they have little patience if they discover an exception. And of course, depending on how they discover it, particularly if it involves even a small injury, they can keep product liability attorneys very busy indeed. This is a litigious society. And given the high financial awards judges have granted in recent years, for minor injuries not to mention serious ones, product liability insurance could end up being your saving grace, albeit an expensive one.

What you need to do is assess your risk and decide whether you want to take out such insurance. Some of the assessment you can do on your own. For example, if you’re providing health products, the consequences of a product failure could be quite severe. Yet with printing books, well not so much. A bunch of blank pages in the middle of a book won’t be life-threatening, and an offer to replace the item free of charge will usually do. For other types of products though, you may need to talk to a professional, who can help you assess your liability insurance needs.

When choosing your consultation, look for an actual liability professional; someone who will have the risk ratings for all products pretty much at their fingertips. They’ll know where your own products fall in the risk assessment. You could speak to an insurance broker or go directly to a company that specializes in product liability insurance. Or you could talk to someone on the ground, an attorney dealing in product liability cases. Even if you do provide quality goods to your customers, you want to be absolutely certain you are protected if something goes wrong.

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Product liability law was created so that people would be protected from defects in products they buy, and can sue for damages if there’s an injury while using one of these products. Such law covers defects both in the actual design of the items, or flaws in production services. Even labeling falls under this law, since any product that is inherently dangerous is required to have proper warnings affixed to it. The goal of such law is that all products should be safe, and consumers themselves should have redress when they encounter a product that isn’t safe.

In many states, product liability is a matter of what is known as “strict liability,” where if products are discovered to be defective, then the manufacturer is viewed as wholly liable, even if there was some negligence or fault in how the person used the item. In a case of the manufacturer’s negligence, on the other hand, the user’s own fault might be considered in the case. Sorting such things out will usually require the assistance of a product liability attorney.

In a product liability case, you will need to show that damage has occurred to yourself or to your property. In the case of improper labeling of a dangerous product, you must prove that the item wasn’t labeled correctly; as such consumer products are legally required to be. Or if there’s a defect in the design, a flaw in the manufacture or some problem caused by the distribution, then you’ll need to prove that as well. And of course, you must show that you used the product as it was intended to be used.

There are different kinds of liability recovery. The simplest is replacement cost of the product itself. But you may go on to seek other costs, to cover damage to your property or expenses due to medical injury. There may also be punitive costs to the manufacturer, designer or distributor, if you can demonstrate exceptional negligence or irresponsibility on their part.

An experienced liability professional won’t simply work with you to win your case. They can also provide general counsel about labeling, warranties, and what the federal and state laws are concerning the design and safety of products on the market. Working together, you and your attorney can help ensure that product liability law both protects you and increases the safety of products on the market.

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The tightening of liability laws in the United States in recent decades has had positive and negative effects on those who make new products. “Strict liability” means that if a consumer is injured by a defective product, they can sue the manufacturer even if they bought it from a retailer. An implied warranty moves along the purchasing chain with all consumer products, and the defect in the item proves the manufacturer to be negligent, even if the person wasn’t using the product as intended. It’s probably not surprising that consumers approve of such protection, since defective or badly designed products, such as water purification systems and filters, could result in dire consequences.

One initial result of this stricter legislation, however, was that entire lines of products vanished from the marketplace. Or, choosing a different route, businesses started relying on product liability lawyers to find loopholes that might get them out of complying with the strictest regulations. One argument was that most judgments were made in hindsight, perhaps based on scientific information that wasn’t available when the products were made. Many companies also claimed these liability laws removed any incentive to develop new products. According to Jules L. Coleman in “Risks and Wrongs,” a 1985/86 survey showed that 47% of American manufacturers had removed product lines, and 39% had decided not to introduce anything new.

As a result of the liability pressures on manufacturers of new products, many other companies took what was perhaps a more responsible route. Rather than decreasing or altogether ceasing new product research and innovation, they increased these activities. They actually spent more time researching how to produce better quality products, rather than seeking legal ways to avoid responsibility for producing those of lower quality.

Both manufacturers and retailers may argue that applying strict liability to new products puts no responsibility on the consumer to use products correctly, and it prevents growth in the market. But others might point out that if something protects people from injury due to defective products, then that’s not a bad thing. If strict liability has prevented badly designed or defective items from entering the market, and encouraged companies to produce better products, then strict liability may have resulted in a net gain in society.

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Liability laws have tightened in many ways in recent years, and the sellers of computer products have tried various means of either trying to comply with them or trying to avoid them. Technology changes so quickly in the computer world that sometimes it’s hardly worth it, financially speaking, to repair faulty products. By the time a defect is found and repaired, the next upgrade is already available. Computers and other products aren’t always created to work well. However, this means that product liability lawyers are often busy dealing with the results.

In 2005, Anat Hovav of Temple University and John D’Arcy of Towson University wrote a paper in which they showed the market reaction to substandard computer products (especially flawed software that was susceptible to viruses) was only negative 50% of the time, and even that didn’t last in the long term. So the designers of software products had no reason to bother creating better goods. The authors concluded that unlike other industries, market forces alone could not be relied on to bring about defect-free computing.

But enough law suits regarding flawed computer products have been launched that some law firms are starting to help clients preemptively. Product liability attorneys are now working with businesses before a product launch, researching standards and requirements, and packaging and labeling regulations. If a company knows the standards it has to meet, then this can help reduce the risk of defects. But since every product could still have occasional defects or be recalled, law firms also monitor post-launch problems as well.

However, some product liability lawyers still concentrate less on the quality of the product, and more on helping the manufacturers and sellers of computer and related products get out of being held responsible for defects in the first place. The promotional materials of many law firms boast that they’ve managed to eliminate the strictest liability categories from being used in class action suits.

There are clearly still many wrinkles in liability laws for new products. Attorneys could do a lot to help businesses make certain that they produce safe, functional, quality consumer products, especially since market forces alone don’t accomplish this. Government regulations might also be needed to close certain loopholes. However, since many companies are using legal avenues to avoid complying with safety regulations, it’s clear that the day of genuinely defect-free computer products may still be a long way away.

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Networking with friends and relatives may be your best first step when you start looking for a product liability lawyer. Someone among your acquaintances might provide a shortcut for you if they know of a reputable lawyer who is experienced in injury cases dealing with defective consumer products. Be careful, though, if they recommend their brother-in-law whose main specialty is something like divorce cases. You need someone who will understand all your consumer rights, and who is already an experienced liability attorney who has handled many injury cases.

Remember, though, that if your friends can’t help you, the local bar association can. Narrow down the list of names they give you, then meet with each of the product liability attorneys and essentially do an interview. Ask them how experienced they are in cases like yours, involving defects with end-user products. Have they handled a lot of cases? How many of those have they won? Do they have a particular specialty, like medical injury, or are they equally competent in all types of injury? Ask for references. And of course, ask what each product liability lawyer charges.

Keep in mind that with most injuries due to defects in products, there is a time limit that determines when you can launch a lawsuit. If you wait too long to make your claim, you’ll be out of luck. So as you’re looking for a liability lawyer to represent you, you need to remember the time constraints. But remember also that even if you find a product liability attorney with all the credentials, you also must find someone who will work well with you. If your personalities are constantly clashing, then working with that specific counselor might do you more harm than good. This is why it’s a good idea to have the names of several liability attorneys to increase your chances of finding the right one.

Remember that manufacturers of consumer products are considered liable for defects in their products that make them unreasonably dangerous to use. If you are injured because of such a defect, then you don’t even need to prove negligence, since the defect itself is considered to have done that. So the odds are probably in your favor, as long as you launch the lawsuit in time, and especially if you have an experienced product liability lawyer to represent you in court.

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