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Public & Products Liability:

This is a Legal Liability policy that will pay compensation for bodily or personal injury and/or property damage to the plaintiff. This should be as a result of an occurrence in connection with your business that has occurred within the territory specified and during the period of insurance. This should also have been caused by or arisen from a product and have happened within the territorial limits in connection with the business of the insured.

A Products Liability claim is usually based on one or more of the following causes of action:
  • Design defect ("Latent or Patent Defect")
  • Manufacturing defect ("Latent or Patent Defect")
  • A failure to warn the customer of any dangers
  • The claims may succeed even if products were used incorrectly by the consumer as long as the incorrect use was foreseeable by the manufacturer.

Generally, products liability claims are based not on negligence ("Patent Defect") but rather on strict liability. Under the theory of Strict Liability, a manufacturer is held liable regardless of whether he acted negligently or not.

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