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Insurance, explained

Product liability

Product liability concerns legal responsibility for injury, damage or other recognised loss arising from products a business makes, imports, sells or supplies. The applicable legal basis depends on the circumstances.

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BAU Risk Services — insurance brokerage

01 / The meaning

What it means.

A business does not need to manufacture every component to face an allegation. Its role in design, importing, branding, assembly, installation or supply can matter. Australian consumer product safety rules and common law responsibilities require separate consideration. Insurance generally describes the insured products and liabilities rather than replacing those obligations or confirming that a product complies with safety standards.

Distinguish injury or damage caused by a product from the cost of replacing the defective product, refunding its price or recalling other units. Public and products liability wording may treat those costs differently or exclude them. Keep product specifications, warnings, batch records and supply-chain agreements available. Overseas sales and contractual indemnities also need explicit review when considering the insured exposure.

02 / Put it in context

A practical example.

Hypothetical example

Hypothetical example: A component supplied by a wholesaler allegedly overheats and damages a customer’s equipment. The wholesaler preserves the product and supply records. The allegation may raise product liability issues, while replacing unsold units or funding a recall involves separate questions.

This example illustrates the term. It does not predict a claim outcome.

03 / Read the detail

What to check.

04 / Start a useful conversation

A question for your broker.

Is the alleged loss caused by the product, or the cost of correcting the product itself?

Further reading

Read the source guidance alongside the relevant policy wording.

General information only. This does not take into account your objectives, financial situation or needs. Before acting, consider whether the information is appropriate for you. Cover is subject to insurer acceptance and the policy terms, conditions, limits and exclusions. Read the Financial Services Guide and the relevant PDS (where applicable) and/or policy wording before deciding.

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