Public and Products Liability Claim Examples
General Liability
Insured felling tree on rural block that accidentally falls on neighbours fence of empty paddock. Insured pulls up wires but fails to attach onto post. Following week neighbour puts deer into paddock that find gap in fence and escape into forest beyond. Costs claimed for lost deer by farmer.
Products Liability
Insured supplies an oil filter that has been manufactured with an unknown fault that the opening on the bottom is slightly off centre. The filter is installed into the vehicle but cannot seal correctly due to the fault. A short time after fitting the filter the engine of the claimant’s vehicle seizes due to lack of oil. The cost of the product (filter) is not covered but the resultant damage is.
Service & Repair
A contractor was undertaking gas cutting work to prepare an area on an excavator for repair. Sparks from pieces of molten metal settled on pine needles on a small platform on the excavator which ignited a fire. Damage occurred to the excavator which required repairs, but there was no damage to the boom on which the contractor was working. Other losses included cost of hire of replacement equipment.
Underground Services
Digger on building site cuts a power cable that has not been identified. This cuts power to Petrol Station across the road from the site. Costs incurred to repair cable would be covered but consequential losses at Petrol station would be considered as too remote to the loss.
Goods In Care Custody Control
Special event organiser hires some lighting equipment from a hire company and signs a contract that requires that they must repair any damage caused to the hired equipment. Whilst loading into vehicle insured drops lights and damages them.
Recall
Insured supplies minced fruit that is put into muesli bars for a specific brand that is exported to Australia to supply a major chain store. Consumers find plastic in several bars. After extensive testing it is noted that the plastic is from a red Bic pen that has inadvertently fallen into the fruit mix at Insured’s premises. All product for that run is identified and is recalled from all 200 stores in Australia. Costs claimed were for advertising, dumping alleged damaged product and individual store costs to empty and sort shelves.
Tenants Liability
Insured rents premises but only has a very basic lease agreement. After tidying kitchen on a Friday leaves cloth in sink and tap is left dripping. Over a long weekend the sink overflows and water damage occurs to flooring and cabinetry of kitchen, as well as ceiling to tenant below.
Forest & Rural Fires
A property owner is burning some stumps out to clear the land for pasture. A strong wind develops and sparks spread to a neighbouring property that is owned by Department of Conservation. The Fire Service is called and extensive fire fighting is required to eventually douse fire. The local Rural fire Authority claims all costs incurred to distinguish fire. Under s.43 of the Forest and Rural Fires Act 1977 strict liability applies.




