If a business manufactures, sells, or distributes products, it may want to purchase product liability insurance to protect against loss due to liability for personal injuries and property damage alleged to have been suffered by someone who used or was affected by a product.
Any business in the product supply chain—a manufacturer, distributor, or retailer—may be sued on one or more legal theories generally known as product liability—including the defective design of a product (design defect); the defective marketing of a product (marketing defect or failure to warn); or the defective manufacturing of a product (manufacturing defect).
Product liability insurance is also purchased by manufacturers, suppliers, and contractors in the construction industry to protect against claims that a product used in a construction project was defective.
In Delaware, as in other states, businesses involved in the manufacturing, distribution, or retail of products may be held liable for damages under product liability law if their products cause injury or property damage. Product liability claims can be based on design defects, manufacturing defects, or marketing defects (including failure to warn). To mitigate the financial risks associated with these claims, businesses often purchase product liability insurance. This insurance is designed to cover the costs of legal defense, as well as any settlements or judgments that may be awarded to plaintiffs. The coverage is crucial for businesses to protect their financial stability in the event of a lawsuit. Delaware businesses, including those in the construction industry, are advised to consider such insurance to safeguard against the potential liabilities that can arise from claims of defective products used in construction projects or otherwise placed into the stream of commerce.