Liability Risk Management & Claims

Liability Risk Management

 

Written contracts with all customers and suppliers, these contracts reviewed and approved by the client’s legal counsel. These parties to provide evidence of their own insurances and where applicable to name their client (you) as additional insured on their policy.

 

Documented procedures in place for traceability – product testing and results well documented to assist in the defence of a claim.

 

Quality control procedures to include raw materials and other supplies - checking they are the correct products, to required specifications and correct handling, storage and usage.

 

Product labelling is as required for the product and meets standards for applicable export markets.

 

Complaints and product returns procedures – results to be documented to highlight any areas of concern, possible pre-cursor to a product recall. No admission of liability to be made without approval of the insurer.

 

Legislative compliance is up to date particularly health and safety, which also applies to all visitors, not just own employees e.g. Giesen injury to contractor on site. Other exposures include food poisoning where products are served on site – cellar door, restaurant, special events such as conferences and concerts. Use of unregistered vehicles and loading/unloading. Vetting of contractors to ensure they are suitable for the task both in terms of skills and their legislative compliance. Fair Trading – there has been recent focus on companies making unsubstantiated claims regarding how environmentally friendly they are.

 

Property risk management procedures can be useful in relation to general property and housekeeping and assist in mitigating escape of fire, care custody control risks, pollution and compliance with Resource Management & HASNO.

 

Product Claims

 

Product contamination

 

1. Unintended foreign objects within the wine including harmful bacteria, glass fragments, these can cause injury to the consumer and where the wine is processed for a third part it can be considered property damage.

2. The inclusion of additives that are not permitted or of permitted additives in the wrong quantities so they are potentially harmful. Again in the case of third party wine these can cause damage even if the product is not harmful.

 

Packaging – defective packaging can cause injury and damage e.g. bottles that leak, shatter, explode, closures that leak or shoot out.

 

Warning labels – inadequate or incorrect labelling can lead to injury e.g. not warning that a closure will shoot out.