Product Liability Insurance: Coverage And Costs (2024)

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If you own a business that creates, manufactures, distributes or sells products, your company could be liable if a product causes harm to others—even if the customer uses a product incorrectly. The potentially high cost of lawsuits makes product liability insurance a vital component of a small business insurance policy.

What Is Product Liability Insurance?

Product liability insurance is a type of small business insurance covering claims that a product you created, distributed, manufactured or sold caused injury or property damage to someone or their belongings.

For example, if your company sold lotion that caused a severe allergic reaction, resulting in a lawsuit, your product liability insurance would pay for medical and legal expenses.

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Who Needs Product Liability Insurance?

If you sell a product, you’re a good candidate for product liability insurance. These types of businesses often buy product liability insurance:

  • Stores
  • Distributors
  • Manufacturers
  • Online sellers on Amazon, eBay and Etsy
  • Pet supply shops
  • Print shops
  • Restaurants
  • Wholesalers

A product liability insurance policy is also suitable for a construction and contracting business because it offers financial protection if a client decides to sue over damage caused by the finished work. For example, if a contractor installs a custom cabinet but the doors are defective, product liability insurance could cover the cost of fixing the defect.

How Much Product Liability Insurance Do I Need?

The amount of product liability insurance you need varies depending on industry, location, annual revenue amount and claims history, says Michelle Shaver, senior vice president of Encova Insurance.

“If products are more hazardous in nature or sold in a highly litigious geographic territory, it may be advisable to carry higher coverage limits,” Shaver says.

Bryan Smith, vice president of product management at The Hartford, says the amount of product liability insurance coverage should be commensurate with the expected liability exposures that a business could face.

“The type and amount of product, the volume of sales and the number of parties involved in the production and stream of commerce will all impact the insurance needs of a business,” Smith says.

What Does Product Liability Insurance Cover?

Product liability insurance covers legal fees, medical costs and compensatory damages in third-party lawsuits. It covers problems caused by your product, such as:

  • Damages to someone’s property
  • Bodily injuries
  • Illness
  • Wrongful death

The types of defects covered by product liability insurance include:

  • Design defect. There was an error in the product’s design.
  • Manufacturing defect. There was a flaw in the manufacturing of the product.
  • Marketing defect. The marketing of the product had an error, such as not providing the proper instructions.
  • Improper warning. There aren’t enough warnings about the proper use of the product.
  • Strict liability. A customer gets hurt by a product, even if your business isn’t found negligent.

What Does Product Liability Insurance Not Cover?

Product liability insurance covers lawsuits for physical harm or damage caused by a product. It’s not designed to cover problems caused by software, apps, IT and technical products.

For example, product liability insurance doesn’t cover coding mistakes and software errors that cause financial harm to your customers. You need errors and omissions insurance for technology-related problems.

Product liability also does not cover:

  • Product recall costs
  • Employee injuries
  • Accidents involving customers, such as slip-and-fall injuries

How Much Does Product Liability Insurance Cost?

Product liability insurance costs an average of $1,192 a year for small businesses, according to AdvisorSmith.

When it comes to product liability insurance premiums, your industry makes a difference. For example:

  • Manufacturing businesses have an average premium of $1,146 per year, with a range of $736 to $1,854.
  • Wholesale businesses pay an average of $1,159 a year for general liability insurance that includes product liability insurance. Premiums range from $751 to $2,431 a year.

Factors Affecting Product Liability Insurance Costs

The main cost factors that affect the cost of product liability insurance include:

  • Your industry.
  • The types of products your business sells.
  • Your business location.
  • Claims history.
  • Policy limits.

Why Is Product Liability Insurance Important?

Without product liability insurance, your business may have to pay out of pocket for medical expenses, property repairs, legal fees, and other expenses related to accidents related to product defects.

Consider this potential scenario: Your company sells exercise equipment. Someone suffers an injury while using the equipment due to an equipment defect. They sue your company for medical expenses, lost wages and more. If your company is found liable and you don’t have product liability insurance, you’ll be responsible for all legal costs and any amount awarded to the injured customer.

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Product Liability Insurance for Sellers on Amazon

Small businesses selling on Amazon can purchase product liability coverage through a digital network called Amazon Insurance Accelerator.

Amazon requires its third-party sellers to buy product liability insurance after attaining $10,000 in sales in one month. The Amazon Insurance Accelerator will help U.S.-based small businesses get product liability insurance quotes from companies such as Chubb, Harborway, Hiscox, Liberty Mutual, Markel and Travelers.

How To Get the Best Product Liability Insurance

You can purchase product liability coverage as part of a general liability insurance policy. This basic level of product liability insurance may cover companies with low product risk.

The second option is to purchase a standalone product liability insurance policy. A standalone policy would be appropriate for a company with a high risk of product liability.

“Product liability insurance is frequently offered through a general liability insurance policy. It can also be offered as a standalone policy,” says Smith at The Hartford.

ASK AN EXPERT

Tips for Buying Product Liability Insurance

Product Liability Insurance: Coverage And Costs (9)

Amy Danise

Insurance Managing Editor

Product Liability Insurance: Coverage And Costs (10)

Ashlee Valentine

Insurance Editor

Product Liability Insurance: Coverage And Costs (11)

Les Masterson

Insurance Editor

Choose the right coverage limit

When purchasing product liability insurance, I encourage people to select the appropriate coverage limit. Having the right coverage limit will determine how much the insurance company will cover and how much you will have to pay out of pocket.

Amy Danise

Insurance Managing Editor

Know your coverage territory

The policy’s coverage territory can impact whether a claim will be covered or not so I recommend selecting the correct coverage territory when buying a policy. If you are unsure what to select, speak with a licensed agent before deciding.

Ashlee Valentine

Insurance Editor

Be aware of contract requirements

If you have vendor contracts in place, I recommend thoroughly reviewing any insurance requirements they may include. Some vendor contracts may require specific insurance coverage limits.

Les Masterson

Insurance Editor

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Product Liability Insurance Frequently Asked Questions (FAQs)

Is product liability insurance worth it?

Product liability insurance is worth it if your company sells any physical product. It will help to cover your expenses if your company is sued because your product caused injury to a person or their property.

How is the cost of product liability insurance calculated?

Product liability insurance costs are calculated by considering your business’s industry, the types of products it sells, location, coverage amounts and claims history.

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Product Liability Insurance: Coverage And Costs (2024)

FAQs

What is the answer to product liability? ›

Product liability refers to the legal liability of manufacturers or sellers to compensate buyers, users and even bystanders for damages or injuries suffered because of defects in goods purchased.

How do you solve product liability? ›

5 Steps for Product Liability Risk Management
  1. Transfer risk through management of suppliers. ...
  2. Managing supplies and imported goods. ...
  3. Build safety into design. ...
  4. Keep essential records. ...
  5. Enable and review customer feedback.

How is product liability insurance calculated? ›

Your premiums are typically determined by the types of products you manufacture or sell, your expected sales volume and the role of your business. It's essential to accurately assess your products (as well as your total expected sales) to ensure you pay for and receive the correct level of insurance coverage.

What do product liability claims typically cover? ›

Manufacturing defects are the most common cause of product liability claims. A product liability lawsuit based on a manufacturing defect alleges that the original design of the product is completely safe but that something happened during the manufacturing process to make the product unsafe.

What is an example of a product liability statement? ›

Effective Product Liability Disclaimers

Here is an example of an explicit disclaimer: "In no event shall our company be liable for any direct, indirect, punitive, incidental, special, consequential damages to property or life, whatsoever arising out of or connected with the use or misuse of our products."

What is an example of product liability insurance? ›

For example, let's say a customer buys a power tool that your business manufactures. A defect in the tool ends up injuring the customer, and they sue your business. Your general liability insurance policy's product liability insurance helps cover: The customer's medical costs to treat their injury.

What is product liability for dummies? ›

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.

What does product liability insurance not cover? ›

Product liability insurance covers lawsuits for physical harm or damage caused by a product. It's not designed to cover problems caused by software, apps, IT and technical products. For example, product liability insurance doesn't cover coding mistakes and software errors that cause financial harm to your customers.

What is the best protection against product liability? ›

4 Ways to Protect Your Business Against Product Liability Claims
  1. Thorough product testing. Adopting continued product testing can help alert you to possible defects in a product's manufacture or design. ...
  2. Provide warnings on dangerous goods. ...
  3. Review suppliers. ...
  4. Take out product liability insurance.

What is an example of a product liability claim? ›

Common types of product liability injury claims

Defective Vehicle Injuries. Defective drugs and medicines – the most obvious and well known example of many is thalidomide. Defective electrical products. Defective cosmetic products which increasingly includes cosmetics which can cause burns or a wide range of injuries.

What are the three major bases product liability claims must fulfill? ›

He goes on to say that in cases of product liability, there are three major bases for product liability claims. Section 2 of the Restatement (Third) of Torts: Products Liability identifies the following: manufacturing defect, design defect, failure to warn (also known as marketing defects).

What are the 4 doctrines of product liability? ›

The primary theories for recovery include the following: negligence, tortuous misrepresentation, breach of warranty, and strict liability in tort. Tort Theory of Negligence: The tort of negligence remains a central part of the law of products liability.

What does product liability mean for a company? ›

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.

What is a liability answers? ›

A liability is something that a person or company owes, usually a sum of money. Liabilities are settled over time through the transfer of economic benefits including money, goods, or services.

Does product liability mean that a manufacturer is liable? ›

"Product liability" refers to the civil liability of manufacturers, suppliers and other players (e.g. distributors and retailers) for personal injury or damage to property caused by a defective product.

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