U.S. Companies Outsourcing in China

The Epic questions that need asking As a native of Charleston, S.C., I was particularly interested in the story about the Charleston-based Epic Kayak lawsuit against its Chinese manufacturer. Apparently, Epic Kayaks outsourced the manufacturing of its kayaks to Flying Eagle Boat…

Product safety in the U.S.

The human cost There was something both comforting and disturbing about a conversation I had with a Product Liability wholesale broker. He has a prospect who designs and manufactures commercial slides for waterparks. We talked about the type of claims typically…

The Pre-emptive Defense for Medical Products

What will Obama do? Many journalists are convinced that President Obama’s administration is out to completely strike down pre-emption as an effective medical liability defense by medical manufacturers. In 2009, the Supreme Court ruled in Wyeth v. Levine that state juries…

RV Manufacturer Sued for Failure to Warn

The owner-operator of a new recreational vehicle crashed and injured himself. He then filed suit against the manufacturer. The owner said he was driving on an expressway and decided to walk to the rear of the RV to get a…

Want to be named as Additional Insured?

Don’t be afraid to ask Think your business is too small for your third party manufacturer or parts supplier to name you as an Additional Insured on their Product Liability Policy? It probably isn’t. Most legitimate businesses anticipate this request…

Understanding Strict Liability

Negligence vs. defect Strict Liability can be a difficult concept for some business owners to  grasp. But it’s important to know how it impacts their business and Product Liability Insurance. First of all, with Strict Liability there is no burden…

Peanut Corp of America and Product Liability

Since the Peanut Corporation of American knew that many of the products they were shipping were potentially contaminated by Salmonella, they could be denied product liability insurance coverage because it was an intentional act.

The 2008 Peanut Butter Recall

And why it’s still relevant Here’s everything you need to know about the massive Peanut Corporation of America peanut butter recall of 2008: 600 people sickened by PCA peanut butter products Eight dead 1800 products recalled Congress asked PCA president…

10 Ways a Non-Manufacturer Can Be Held Liable as the Manufacturer

And what you can do to change that When might the courts look on retailer, assembler or distributor as the manufacturer in product liability claims? Most retailers, assemblers and distributors of products aren’t aware of the actual degree of liability for which they…

Exposing Foreign Manufacturers of Defective Products

I previously posted information about the CPSC’s new searchable database (Section 212). Will it hold foreign manufacturers that ship defective products into the U.S. more accountable? The CPSC now requires source information be included on products and in package markings. That means manufactures selling…