Key Takeaways

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No state legally requires product liability insurance, unlike workers' compensation coverage or commercial auto insurance.

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Food manufacturers, electronics makers, toy companies and private label retailers face the highest liability risks and could benefit most from this coverage.

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You should also consider general liability, professional liability and commercial property insurance for full coverage.

How Does Product Liability Insurance Work For Small Businesses?

Product liability insurance covers legal costs when customers claim your products caused injury or property damage. This coverage applies to manufacturers, distributors and retailers throughout the supply chain who can all face product liability claims.

Product liability coverage typically comes as part of your general liability policy and pays for legal defense costs, court settlements and medical expenses when product defect lawsuits arise.

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Do You Need It as a Manufacturer?

Manufacturers face the highest liability risk in the supply chain. Product liability insurance provides financial protection so you can innovate and grow despite inevitable defects.

Defects happen regardless of quality control, from isolated bad units to entire production runs. One lawsuit from a defective product can cost hundreds of thousands of dollars.

Product liability laws in states including Washington, Texas and Wisconsin allow customers to sue manufacturers for design flaws, manufacturing errors and inadequate warnings. Customers only need to prove your product was defective and caused harm, holding manufacturers responsible even without negligence. This makes product liability coverage essential protection against financial ruin.

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PRODUCT LIABILITY LAWS: NEGLIGENCE VS. STRICT LIABILITY

Product liability laws operate under two different standards. Under negligence, you're only liable if you did something wrong or were careless. Under strict liability, you can be held responsible even if you followed all proper procedures and weren't negligent.

Most states apply strict liability to product defects, meaning manufacturers and supply chain participants face legal exposure regardless of how careful they were.

Do You Need It as a Retailer or Distributor?

Retailers and distributors need product liability insurance because customers can sue them even when they didn't manufacture the product. While retailers typically face lower liability risk than manufacturers, they can still be held responsible when the original manufacturer goes out of business or can't be legally reached.

Retailers also face liability if the product carries their brand name or if they provided design specifications to the manufacturer. Since retailers can't control manufacturer financial stability, legal jurisdiction or past branding decisions, product liability insurance protects against this unexpected exposure.

Do You Need It as a Service Business?

Service businesses have the lowest product liability risk but still need coverage when installing, repairing or modifying products. This includes HVAC technicians, appliance repair shops, auto mechanics, plumbers and contractors who install fixtures and equipment.

Service businesses can be held liable when their installation or modification work later causes harm, even when following proper procedures. Since customers often sue everyone involved when accidents happen, product liability insurance protects service businesses from costly legal defense and potential settlements.

Product Liability Insurance Requirements By State

Unlike workers' compensation insurance, which most states mandate for employers with employees, product liability coverage is optional under state law. But you may still need it to meet contract requirements from landlords, clients or business partners.

State regulations vary and change frequently. Verify current requirements with local authorities or insurance professionals.

Should You Get Product Liability Insurance Even Though It's Not Required?

While not legally required, certain businesses should strongly consider product liability insurance due to their higher risk exposure. Beyond product liability coverage, these businesses should also consider other types of business insurance for full coverage:

Food manufacturers and processors

Workers' compensation, general liability, commercial property

Food products pose contamination and allergen risks that can affect many consumers simultaneously.
Electronics manufacturers

Workers' compensation, general liability, cyber liability

Electronic devices can overheat, catch fire or malfunction, creating safety hazards in homes and businesses.
Toy and children's product makers

Workers' compensation, general liability, recall coverage

Children's products face strict safety regulations, and defects can cause serious injuries to vulnerable populations.
Cosmetics and personal care companies

Workers' compensation, general liability, professional liability

Skin reactions, allergic responses and chemical burns can result from cosmetic and personal care products.
Furniture manufacturers

Workers' compensation, general liability, commercial property

Furniture defects can cause injuries from collapse, sharp edges or toxic materials like lead paint.
Retailers selling private label products
Workers' compensation, general liability, commercial property
Private label retailers become liable as manufacturers for products carrying their brand name.
E-commerce sellers
Workers' compensation (if with employees), general liability, cyber liability
Online sellers can be sued for defective products even when sourcing from third-party suppliers.
Contractors installing products
Workers' compensation, general liability, professional liability
Installation errors can make contractors liable for product-related injuries that occur after project completion.

Disclaimer

Product Liability Insurance Requirements: Bottom Line

Product liability insurance isn't legally mandated, but high-risk businesses shouldn't skip coverage. Food manufacturers, electronics companies, toy makers and private label retailers face major costs from defective products. Most business owners pair product liability coverage with other business insurance types for complete protection.

Do You Need Product Liability: FAQ

We've answered common questions about product liability insurance coverage:

What's the difference between product liability and general liability insurance?

Can I be sued for product defects even if I didn't manufacture the item?

Which states have strict liability laws for product defects?

Do service businesses like plumbers or HVAC technicians need product liability coverage?

What's the difference between design defects, manufacturing defects and inadequate warnings?

How much does a typical product liability lawsuit cost to defend?

Do I need product liability insurance if I sell products online?

About Mark Fitzpatrick


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Mark Fitzpatrick, a Licensed Property and Casualty Insurance Producer, is MoneyGeek's resident Personal Finance Expert. With over five years of experience analyzing the insurance market, he conducts original research and creates tailored content for all types of buyers. His insights have been featured in publications like CNBC, NBC News and Mashable.

Fitzpatrick holds a master’s degree in economics and international relations from Johns Hopkins University and a bachelor’s degree from Boston College. He's also a five-time Jeopardy champion!

Passionate about economics and insurance, he aims to promote transparency in financial topics and empower others to make confident money decisions.


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