Who is liable for damage caused by a defective product?

Under the Consumer Protection Act, manufacturers, distributors, suppliers and retailers could be held responsible for damage, injury or death caused by their product or any of that product’s component parts. However, the party held liable will depend on the specifics of each individual case.

If the injury was brought about by negligence, the blame will lie with the person who was negligent. For example, if a retailer failed to refrigerate an item of food that made the person who bought it sick, they would be liable rather than the manufacturer.

If the product is faulty then the liability for any harm caused by the product lies with the manufacturer. However, if the manufacturer can’t be traced, has gone out of business, or is outside the EU, then a claim could be made against the distributor, supplier or retailer instead.

If a product bares the name of your business, you may also be held liable for any injuries sustained, regardless of whether you were involved in any of the stages of its production and sale.

It’s important to note that the person who claims against you doesn’t have to be the purchaser or the user of the product - if a bystander is injured you will still be held liable.

What will product liability insurance protect me against?

If a lawsuit is brought against you for a faulty product, it could cost you not just in terms of the payout for damage claims, but also any legal fees you might accrue.

Product liability insurance from Simply Business will protect you against both of those costs. You can compare multiple quotes and build a policy tailored to your business needs.

Ready to set up your product liability cover?

With Simply Business you can compare multiple quotes and build a tailored policy in just a few minutes. Why not take a look now?

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