You really can’t prevent liability, you can only lessen your exposure. If someone or something is injured or damaged using your products. People, especially in the USA can sue anyone for anything. Often cases are dismissed or “Thrown Out” by the court as frivolous, but you may still have to pay legal fees to defend yourself. While not being able to prevent liability, there are ways to lessen your exposure.
- The best that you can do to avoid or at least reduce liability is to select your suppliers carefully. Make sure they are manufacturing quality products and are using proper quality testing. Verify that they comply with all necessary safety regulations in your country. Examples of risky products would be anything electrical (think battery packs and battery chargers on Hoverboards for a recent example), anything that replaces an OEM part on a vehicle,, (think brake parts, tires, wheels, brake lights, headlights, etc.,) batteries on rechargeable products, (think about Samsung phones), food, medicines, and nutritional supplements, cosmetics, children’s clothing, and the list can go on and on. Make sure your supplier can provide copies of this compliance to regulations just in case you need them.
- In addition to carefully checking quality, see if your suppliers carry product liability insurance and ask that you be covered on their policies for your protection. You will need to consult with an attorney or insurance agent that specialises in Product Liability since it is a very complicated area, especially if you import products.
- Look into carrying your own product liability insurance, especially if you are selling something that may fall into a “ high risk” category.
- Handle all customer complaints promptly and to the customer’s satisfaction. Sometimes just the simple act of acknowledging the problem and correcting it is sometimes enough to avoid legal action or additional problems. Some customers simply like to know you care about their issues and are willing to work with them to correct a problem.
As I mentioned earlier, Product Liability is a complicated issue and you must consult with a qualified attorney or insurance agent to get the best, most accurate advice. Proper advice may save you from a lot of financial problems for both your business and you personally in the future.