Tag archives: Product liability

Damage caused by incorrect labelling is not insured as ‘arising out of’ the product manufactured (US)

By Patrick Bracher (ZA) on February 10, 2020 Posted in Insurance

A bulk supplier of prescription drugs, which was not a manufacturer, supplied drugs in bulk to a retailer. A customer of the retailer suffered severe bodily injury because of misleading and defective labelling by the retailer. The retailer was entitled to the benefit of the distributor’s insurance if any claim was ‘only with respect to … Continue reading

Amazon has no product liability for third party product warehoused and shipped (US)

By Patrick Bracher (ZA) on October 15, 2018 Posted in General

A New Jersey court found that Amazon is not liable for a defective laptop battery it sold that caused a home to burn down. The plaintiff bought a laptop battery using an Amazon account which was sold by a Hong Kong company. She left the battery charging on her bed and the house burnt down … Continue reading

Product liability, the Consumer Protection Act and insurance

By Donald Dinnie on July 28, 2015 Posted in Insurance

Notwithstanding the coming into operation of the Consumer Protection Act on 31 March 2011, judgments relying on the Act are few and far between. The High Court judgment in Halstead-Cleak, Derek Anthony v Eskom Holdings Limited is probably the first judgment dealing with product liability under the Act. A cyclist came into contact with a low-hanging … Continue reading

Why we all need product liability and comprehensive insurance

By Patrick Bracher (ZA) on June 3, 2015 Posted in Insurance

A forest fire claim has been instituted in the US federal court by an insurer against a motor manufacturer alleging that a defective off-road vehicle sparked a blaze that consumed 7 000 acres and destroyed 122 homes. The allegation is that the vehicle was defective because it had, to the knowledge of the manufacturers, a defective skid … Continue reading