Mutual Indemnification and the Additional Insured Dilemma

Contract or third party manufactures are not wanting to name their clients, designers and inventors of products, as Additional Insured on their product liability policies because they do not want to be responsible for design or instruction/warning defect claims. A mutual indemnification can help secure additional insured status with the manufacturer.

Millions of Drop-Down Cribs Recalled

Putting one infant-safety risk to bed In 2010, the Consumer Product Safety Commission announced a voluntary recall of over 2 million drop-down cribs.  The companies affected by the recalls are: Child Craft (out of business) Delta Enterprise Corp. of New…

Custom Motorcycle Manufacturer Sued for Product Defect

Were they cruising for a bruising? I work with hundreds of different types of manufactures and distributors, but custom motorcycle manufacturers really stand out in the crowd. As a whole, this group is like the motorcycles they design and manufacture:…

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…

Rule #1: Take Customer Product Complaints Seriously

Fending Off the Feds I recommend every manufacturer, importer and distributor create a system for collecting customer complaint data. Do so can help identify defects or safety issues and prevent a recall. And don’t think that such a system is…

What is the Pre-emptive Defense?

Why it cannot apply to all FDA-approved products Over the past few years I have gone back and forth over whether pre-emption is good for the American public. The Pre-emptive Defense Many pharmaceutical and medical device companies contacting me for…