Session 11b Product Defects & Liability. Sherry Kao

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1 Session 11b Product Defects & Liability Sherry Kao

2 2015/06/26 Product Defects & Liability Prepared by Sherry Kao Aon Risk Solutions 1

3 3 4 2

4 5 Agenda Types of product defect Causes of product defect Products Liability Legal System Q&A 3

5 Agenda Types of product defect Causes of product defect Products Liability Legal System Q&A What is a Product? Raw materials, Work in process, semi finished goods, finished goods etc. After designed, manufactured, assembled, packaged, stored, distributed, and sold to customers. Product manual, warning label, and packages are also parts of a Product. 4

6 If any part of the process goes wrong May cause: 1. Bodily injury, disability, or death of customers/consumers 2. Property damage of customers/consumers 3. Requested return by buyers 4. Financial loss suffered by buyer 5. Mandatory product recall ordered by government.etc. And we call it product defect. Types of Product Defect? Product Defect Fails to perform (loss of use) Causes bodily injury or property damage of consumers or 3 rd party Cost of removal, recovery, repair or replacement of the product Damage/cost arising out of financial loss incurred by customers or 3 rd party Compensation to consumers or 3 rd party Recall such products if potentially more damage would happen 5

7 Solutions? 1. Self retention, or 2. Ask someone else to pay! or 3. Transfer the risks to insurers Buyers would have more faith Corporate image is enhanced Claim handling and legal assistance from the insurer! Solutions? Product Defect Fails to perform (loss of use) Causes bodily injury or property damage of consumers or 3 rd party Cost of removal, recovery, repair or replacement of the product Products Warranty Damage/cost arising out of financial loss incurred by customers or 3 rd party Errors & Omissions Ins. Compensation to consumers or 3 rd party Products Liability Ins. Recall such products if potentially more damage would happen Products Recall Insurance 6

8 Agenda Types of product defect Causes of product defect Products Liability Legal System Q&A Causes of Product Defect? Raw Materials Product Design Production Assembly Product Manual Warning Label Packaging 7

9 Example (1) Raw material defect Components that connect bicycle seat with the seat tube were defect. Example (2) Design flaw One of the parts of a toy designed for year 3+ kids. 8

10 Example (3) Production defect Small needle left in a shoe! Example (4) Warning label defect 9

11 Example (5) Packaging & label defect 19 Example (6) Production defect March, 2015, Calbee issued a product recall for approximately 140,000 tubs of their yummy snacks which they feel are not fit for human consumption. What s wrong with them is that this particular batch was cooked without the required amount of oil. Source: Nov. 2012, Calbee issued a nationwide recall of one of its main brands of chips. The reason is because of serious concern that small pieces of broken glass could have wound up in as many as 5.34 million bags. The danger was brought to light when a complaint was issued from a high school student who received minor cuts to the mouth after eating some of Calbee s chips. The company says it immediately investigated its packaging plant and they discovered a broken glass cover for lighting that was positioned above a production line. Source: 10

12 Example (7) Production defect Kraft Foods Group Inc.(KRFT Get Report) has issued a voluntary recall of approximately 242,000 cases, or 6.5 million boxes of its signature original flavor Kraft Macaroni & Cheese Dinner, due to the possibility some boxes may contain pieces of metal. Kraft said it was aware of eight incidents in which customers found metal pieces in the boxes. No injuries have been reported. Source: Example (8) Raw material / Production defect Amy's Kitchen, which makes organic products, recalled nearly 74,000 cases of them. This recall is based on a recall notice from one of Amy's organic spinach suppliers that Amy's may have received organic spinach with the possible presence of Listeria, which can cause serious and sometimes fatal infections in young children, elderly people, and others with weakened immune systems. Listeria infection can even cause miscarriages among pregnant women. Source: 11

13 Raw Materials Every step matters! Product Design Production Assembly Product Manual Warning Label Packaging Agenda Types of product defect Causes of product defect Products Liability Legal System Q&A 12

14 Legal Liability Insured s Liability Foreseeability Consumer Expectation Strict Liability Insurer s Liability Duty to Defend Investigate Hire a product expert Hire a medical examiner Hire a lawyer Duty to Indemnify Products Liability Legal system in US Negligence Responsibility System (Started in 1910) Guarantee Responsibility System (Started in 1930) Strict Liability System (Started in 1960, widely used now) Contractual Relationship V V X Burden of proof for the other negligence V X X Increasing protection for consumers 13

15 General US Legal System & Concept Anatomy of a US Product Liability Lawsuit 1. Pleadings Summons and/or Complaint Answer / Response 2. Pre trial Discovery Motions Deposition Settlement 3. Trial 4. Appeal 5. Enforcement 27 Products Liability other countries Taiwan China Japan EU Australia New Zealand Liability without fault Strict liability Strict liability Strict liability Strict liability Strict liability Manufacturer/Seller has to prove there is no defect, otherwise it is assumed that the product has defect. 14

16 Litigious Countries USA 美 國 Australia 澳 洲 Sweden 瑞 典 Denmark 丹 麥 New Zealand 紐 西 蘭 Southeast Asia 東 南 亞 國 家 UK 英 國 Germany 德 國 Canada 加 拿 大 France 法 國 China 中 國 Japan 日 本 Q & A Thank you! 30 15

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