All too often, importers that contact me assume that the foreign manufacturers that they buy their products from share some liability in the event of a product liability claim in the U.S. - particularly if the foreign manufacturer says they have a product liability policy.
Unless that foreign manufacturer’s policy has a worldwide endorsement that specifically states it will cover product liability claims in the U.S. courts, that foreign product liability policy is useless to the importer.
The fact is the importer is at the top of the pyramid when it comes to responsibility to ensure that any products brought into the U.S. are safe for use by the American public. This is why it is common for importers to be classified as manufactures for insurance rating purposes by the product liability insurance carriers because any product liability claims involving manufacturing defect will stop with the importer.
So if you are an importer, do not assume that, even if the foreign manufacturer has a product liability policy, that the manufacturer has your back or will be responsible for any product liability claims brought in the U.S. involving your imported products. It is more than likely you are on your own to handle any and all product liability claims.