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Exporting Goods to USA - Product Liability

Exporting Goods to USA - Product Liability

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We are looking to export our products to the USA, but several of my colleagues have expressed concern with regards to Product Liability.

Has anybody had any experience of exporting to the USA that they could share ?

Is product liability law in the USA different from the UK ? (eg. do we have to be extra careful when writing warranties and detailed operating instructions etc ?)

Any comments would be most helpful.

B R Perry

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By Sweet Legal
13th Jun 2003 11:06

Exporting goods to the USA: a legal minefield!
This is a matter on which I would recommend you seek specialist advice.

In principle, the laws relating to product liability and negligence in the USA are similar to those in the UK. However, in practice, they are enforced in very different ways, which result in there being potentially greater liability in the USA than in the UK for similar defects causing similar injuries.

Additionally, it will be necessary to comply with any relevant product safety laws and it may be possible to take appropriate steps to manage the product risk.

My partner, Patrick Kelly, who is the author of the leading textbook "European Product Liability" would be able to assist you with more detailed advice, if you so wish. If you would like him to advise, please e-mail me: [email protected] or him: [email protected]. Alternatively, you can ring either of us on: 020 7842 8000.

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By richardm6400
20th Jun 2003 14:47

Watch out for the insurance premiums!
Good advice. You should also consult your insurance broker and be prepeared for a shock. The premium is likely to be several times that for the rest of the world put together. Some US customers will require evidence of a minimum level of liability cover, so make sure you get these costs included in any prices before you start negotiating.The DTI are also a helpful source.

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