Amerisure Fri, 12 Jun 2026 13:54:08 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.5 /wp-content/uploads/2024/03/cropped-cropped-favicon-512x512-1-32x32.png Amerisure 32 32 Proven Supplier Risk Management: Protecting Product Liability /blog/proven-risk-management-product-liability/ Fri, 12 Jun 2026 13:54:08 +0000 /?p=8994 Read more]]>
Proven Supplier Risk Management: Protecting Product Liability

For many manufacturers, the most significant product liability exposures don’t originate on the shop floor. They start upstream – in the supply chain. As products become more component-driven and sourcing networks expand across regions and borders, failures tied to supplier materials, parts, or processes increasingly drive recalls, litigation, and adverse loss development.

That shift is in national data. Federal recall dashboards hundreds of consumer and industrial product recalls each year, many traced back to component failures or supplier-driven defects rather than final assembly errors. In these moments, legal responsibility doesn’t pause to ask where a failure originated – it flows directly to the brand owner.

That’s why a proven supplier risk management program isn’t a procurement exercise. It’s a core product liability control.

“When a supplier issue surfaces, it’s rarely abstract,” said Eric Austin, Risk Management Expertise Specialist at Amerisure. “It’s a real product, in a real customer’s hands, with real consequences. The manufacturers that hold up best are the ones who treated supplier oversight as a liability decision long before it became a legal one.”

Where Liability Really Begins

A formal supplier approval process should exist before any material or component enters production. This process must verify technical capability, manufacturing capacity, and quality systems – not rely solely on price, availability, or long-standing relationships.

Written supplier standards are essential. They clearly define expectations for quality, safety, and regulatory compliance, ensuring suppliers understand that conformity is a contractual and operational requirement, not an assumption. When quality standards at the supplier do not match those of the manufacturer, risk is effectively embedded into every product delivered.

From a liability standpoint, this step sets the tone. Approval criteria, documentation, and accountability create a defensible baseline – one that demonstrates intent, diligence, and control if a claim ever arises.

Proven Supplier Controls

Not all suppliers carry the same level of risk, and effective programs reflect that reality. Risk-based supplier tiering distinguishes between critical and non-critical components, allowing oversight to scale with exposure.

Higher-risk suppliers typically include safety-critical parts, controllers, or components where failure could reasonably lead to injury, fire, or significant property damage. Concentrating audits, testing, performance monitoring, and documentation on these inputs improves control where it matters most – without burdening low-risk suppliers. This disciplined prioritization mirrors how defects surface in complex manufacturing environments, particularly in cases tied to component failure.

Traceability Limits Exposure

Incoming inspection and quality verification remain essential, even with long-standing suppliers. What separates resilient manufacturers from vulnerable ones is how quickly they can isolate exposure when a defect emerges.

Traceability and recordkeeping systems that link suppliers, materials, production runs, and customers enable rapid containment. In recall or claim scenarios, traceability often determines whether exposure is limited – or multiplied. Federal recall consistently that faster identification and narrower recall scope reduce downstream harm and cost. Incoming inspections supported by robust documentation also play a critical role in liability allocation, helping identify where failure occurred if a product malfunctions after delivery.

“Traceability isn’t about paperwork – it’s about leverage,” explains Austin. “When you can clearly connect a defect to a specific supplier, lot, or change, you protect your customers and your balance sheet at the same time.”

When Change Becomes Risk

Supplier change-management procedures are often overlooked – despite being one of the most common liability triggers. Manufacturers should require advance notice and approval for changes to materials, tooling, processes, formulations, or sub-suppliers, supported by periodic audits that confirm approved processes remain in place.

Without formal change control, suppliers may introduce modifications the manufacturer never sees. When production is moved offshore or subcontracted, quality systems and contractual protections can shift quietly – an issue frequently uncovered only after failures occur in . At that point, exposure is already embedded.

This is where supplier oversight becomes a living control – one that evolves with production realities instead of lagging behind them.

Make Risk Transfer Real

Supplier contracts should do more than exist-they should work. Clear provisions for indemnification, warranties, and responsibility for defects align legal accountability with how risk actually moves through the supply chain. Insurance verification, including certificates that confirm appropriate limits and active product coverage, must be reviewed and monitored as living documents, not filed away.

Risk transfer only holds if the supplier can financially stand behind it. When indemnification language is unenforceable or insurance coverage lapses, manufacturers effectively absorb supplier defects themselves-a dynamic that in product liability litigation and recall outcomes where upstream parties lack the resources to respond. In those moments, responsibility follows visibility. Claims flow downstream to the brand owner, not upstream to the party that caused the failure.

Compliance Is the Defense

Suppliers must meet all applicable regulatory requirements related to product safety, labeling, environmental standards, and industry-specific regulations. Manufacturers remain visible defendants in product claims regardless of where non-compliance originates.

If a product is made for consumption in the U.S., liability can vary by state. Aligning supplier practices with the most stringent applicable requirements provides stronger protection. For internationally sold products, compliance complexity increases further, reinforcing the need for disciplined verification and documentation.

Build a More Resilient Supply Chain

A disciplined supplier risk management program strengthens product quality, limits recall scope, and improves defensibility in product liability claims. By combining formal supplier approval, risk-based oversight, traceability, change control, contractual safeguards, and compliance verification, manufacturers can meaningfully reduce downstream liability while maintaining an accountable and resilient supply chain.

At Amerisure, this work happens alongside agents and 鶹ԭ every day – translating real-world operational insight into practical controls that hold up when pressure hits.

To learn more about how Amerisure helps manufacturers strengthen supplier oversight and protect their business, visit our website.

The information provided in this article does not, and is not intended to, constitute legal or financial advice; instead, all information, content, and materials contained in each article are for general informational purposes only.

]]>
Amerisure Insurance Launches New Purpose Statement /blog/amerisure-launches-new-purpose-statement/ Fri, 05 Jun 2026 15:01:17 +0000 /?p=8979 Read more]]>
Amerisure Insurance Launches New Purpose Statement

Farmington Hills, Mich., June 5, 2026 — Amerisure Insurance today announces the launch of its new purpose statement: “Meeting the moments — with people who demand the best.”

For more than a century, Amerisure has focused on helping companies navigate uncertainty, prevent disruption, and move forward with confidence. This new purpose statement reflects how Amerisure shows up for agency partners, 鶹ԭ, and employees in the moments that matter.

“Insurance is a noble profession because it’s centered around helping people through some of the most important moments they face,” said Greg Crabb, Amerisure President and CEO. “To us, ‘Meeting the moments…’ means showing up with care, accountability, and expertise when people are counting on us to deliver.”

At its core, the purpose statement reflects a shared belief that the way people respond in important moments ultimately shapes the strength of a partnership.

“Some of the most important moments in insurance don’t always look dramatic from the outside,” explains Bob Nicholas, Vice President of Marketing and Sales Enablement. “‘…With people who demand the best.’ reflects the shared high standard of excellence set by our employees, agency partners, and 鶹ԭ. It speaks to the passion our people bring to transforming the insurance experience and delivering when it matters most.”

“Those are the moments that people remember because they build trust, strengthen relationships, and define what’s unmistakably Amerisure.”

For more information about Amerisure’s new brand purpose and to watch it come to life, check their , , and  pages to follow along, or visit their website.

About Amerisure Insurance

Amerisure is a leading provider of commercial property and casualty insurance solutions for U.S.-based construction, manufacturing and healthcare businesses. Licensed in all fifty states and available through an exclusive network of elite independent agents, the company upholds an “A” (Excellent) financial strength rating, industry-leading service scores, and multiple awards for innovation. Amerisure has been in business for more than 100 years and is consistently named among the best places to work in the industry and throughout the nation. To learn more, visit amerisure.com.

]]>
Trenching and Excavation Safety — Your Questions Answered /blog/trenching-excavation-safety-tips/ Mon, 01 Jun 2026 11:31:00 +0000 /?p=7130
Trenching and Excavation Safety — Your Questions Answered

In observance of , trenching and excavation work lay the foundation for vital infrastructure projects, but the inherent risks demand serious attention. Cave-ins, falling debris, hazardous atmospheres, and equipment mishaps rank among the most significant dangers. According to the , trenching and excavation  some of the most hazardous construction activities, with cave-ins alone responsible for dozens of fatalities annually.

The good news? These risks are not only manageable but preventable with proper planning, adherence to safety protocols, and innovative technology.

What Makes it So Dangerous?

Trenching and excavation can  deceptive dangers. Major risks include:

  • Cave-ins: Soil can per cubic yard, making collapses potentially fatal. 
  • Falling hazards: Workers can fall into unprotected trenches, or loose soil and debris can fall on workers inside. 
  • Hazardous atmospheres: Trenches may accumulate toxic gases or have low oxygen without proper ventilation. 
  • Equipment-related risks: Heavy machinery near trench edges can destabilize walls or pose struck-by hazards.

What Safety Planning Should Happen Before Any Excavation Begins?

Safety starts long before the first shovel hits the ground.

  • Pre-job planning:  that a competent person evaluate the site, test soil stability, locate underground utilities, and establish safety protocols before work begins. 
  • Locate utilities: Contact utility marking services (e.g., “Call Before You Dig” / 811) so underground fuel, electric, sewer, or water lines are identified. 
  • Soil and atmospheric testing: Test soil for stability and trenches for hazardous atmospheres like low oxygen or toxic gas before workers enter. 
  • Daily inspections: Trenches and protective systems should be inspected by a competent person at the start of each shift and after events like rain or heavy equipment activity. 

Identifying hazards early lets you plan protection strategies — and prevents many incidents before they happen.

What Protective Systems Are Required?

When a trench is deeper than five feet (unless it’s in stable rock), OSHA standards require to reduce cave-in risks. 

Common protective options include:

  • Sloping: Cutting trench walls at an angle to reduce collapse potential. 
  • Shoring: Installing supports (e.g., timber or hydraulic systems) to stabilize trench walls. 
  • Shielding: Using trench boxes or shields to protect workers from cave-ins. 

These systems help ensure that soil or debris doesn’t trap workers as excavation progresses.

How Should Workers Enter and Exit Trenches?

Safe access and egress are critical — especially in emergencies.

  • Trenches should have ladders, ramps, or stairs installed within 25 feet of workers. 
  • Ramps and ladders must be properly designed and free of tripping hazards. 
  • Using a competent person to evaluate and confirm these access points is essential. 

Quick and reliable exit routes can make all the difference if conditions change rapidly. 

How Can Technology Improve Safety?

Safety innovations are helping worksites detect hazards sooner and act faster:

  • Real-time soil monitoring detects instability before it becomes a crisis. 
  • Advanced trench boxes combine lightweight materials with stronger protection. 
  • Ground-penetrating radar and GPS mapping improve utility location accuracy. 

What Ongoing Safety Practices Should Be Part of Every Job?

Best practices don’t stop once work begins. Here are some proactive safety measures you should implement to make your jobsite stronger and more resilient.

  • Keep soil, materials, and equipment at least two feet from trench edges to avoid adding pressure that can trigger a collapse. 
  • Monitor atmospheric conditions continuously in deeper excavations. 
  • Train workers and supervisors on excavation hazards, recognition, and response. 
  • Communicate risks daily, including weather impacts and changes in soil stability. 

Want Expert Support With Your Excavation Safety Program?

If your organization performs this type of work, a structured safety program can make all the difference in preventing injuries, minimizing liability exposure, and meeting regulatory requirements.

Partnering with risk and safety advisors — like those at Amerisure — can help you assess your current processes, enhance planning and training, and strengthen your overall safety culture. Connect with an Amerisure risk specialist today.

]]>
Safer in the Heat: Proven Ways Teams Help Protect One Another /blog/safer-in-the-heat/ Sun, 17 May 2026 11:00:00 +0000 /?p=8824 Read more]]> What does it take to help crews stay safer when temperatures rise?

In recognition of , our latest workplace safety resource explores practical prevention strategies that can help teams recognize heat-related risks earlier and respond before conditions become dangerous. Federal nearly 34,000 serious heat-related workplace injuries and illnesses have occurred over the last decade alone, with construction and other physically demanding industries continuing to face elevated risk.

That same challenge carries across industries. On construction sites, in manufacturing facilities, and anywhere physically demanding work takes place, safer outcomes are often shaped by everyday decisions — how teams hydrate, recognize subtle warning signs, schedule recovery breaks, and look out for one another throughout the workday. And because within minutes if left untreated, early action matters.

Explore the full resource below for expert insights, prevention essentials, and practical first-aid response guidance designed to help support safer workplaces during the hottest months of the year.

Helping Teams Stay Safer

]]>
Amerisure Highlights Trusted Partnerships in 2025 Annual Report /blog/amerisure-2025-annual-report/ Fri, 15 May 2026 13:46:38 +0000 /?p=8886 Read more]]>
Amerisure’s 2025 Annual Report

Farmington Hills, Mich., May 15, 2026 — Amerisure Insurance announces the release of its , featuring financial strength and a commitment to delivering exceptional value through trusted partnerships, superior service, and specialized expertise.

The report highlights momentum across the organization, including growth in key business segments, technology modernization efforts, and ongoing improvements designed to make the insurance experience easier, more responsive, and built around the needs of agency partners and 鶹ԭ.

“2025 was a year that reinforced the strength of our partnerships and the dedication of our people,” said Greg Crabb, Amerisure President and CEO.

“This report reflects the progress we’ve made across our business and our continued commitment to helping our agency partners and 鶹ԭ move forward with confidence.”

The annual report also highlights Amerisure’s “A” (Excellent) Financial Strength Rating from AM Best, more than $55 million in surplus growth, expanded risk management and claims capabilities, and ongoing community support efforts through the Amerisure Charitable Foundation.

About Amerisure Insurance

Amerisure is a leading provider of commercial property and casualty insurance solutions for U.S.-based construction, manufacturing and healthcare businesses. Licensed in all fifty states and available through an exclusive network of elite independent agents, the company upholds an “A” (Excellent) financial strength rating, industry-leading service scores, and multiple awards for innovation. Amerisure has been in business for more than 100 years and is consistently named among the best places to work in the industry and throughout the nation. To learn more, visit amerisure.com.

]]>
What is Duty to Warn? Understanding an Important Element of Product Liability /blog/duty-to-warn/ Thu, 14 May 2026 18:37:36 +0000 /duty-to-warn-understanding-an-important-element-of-product-liability/ By: Eric Austin
Risk Management Expertise Specialist — Products Liability

When an organization produces goods, the hope is that the products are fault-free. However, there may be instances when a product could become dangerous to the public and it’s the company’s responsibility to inform consumers about these risks.

This responsibility is referred to as the “duty to warn.” The duty to warn doctrine is based on the idea that consumers should be able to make informed decisions about whether to use a product. If a product is dangerous, the manufacturer has a duty to warn consumers about those dangers so they can make an informed decision about product usage.

I talk about this, among other important product liability topics, in the February 2026 Risk Management webinar presentation: .

What Is Included in Duty to Warn?

Manufacturers must remember that the duty to warn includes products that are safe, designed and manufactured well, but normal function can still cause injuries. An obvious example is a chainsaw, but we also see warnings appearing on plastic bags, buckets or other seemingly innocuous items that may present a hazard to children.

Duty to warn covers reasonably foreseeable use and misuse. Inhaling aerosol propellants, for instance, could be considered reasonably foreseeable misuse.

What Happens If Warnings Are Missing or Inadequate?

Failing to warn, failing to instruct or issuing unclear warnings are among the leading allegations in product liability claims. 

  • Failure to warn: No warnings are provided about a known risk.
  • Failure to instruct: Instructions don’t clearly explain how to use the product safely or how to avoid foreseeable misuse.
  • Inadequate warnings: Labels or manuals don’t clearly communicate the hazard or do so in a way the average user will understand. 

When warnings are inadequate, injured parties can argue that the product itself was defective because consumers weren’t informed about risks they could not reasonably anticipate.

How Is Duty to Warn Related to Negligence?

The duty to warn is rooted in the legal principle of negligence — a failure to exercise reasonable care that causes harm to others. 

To establish negligence, a plaintiff generally must show that:

  1. The defendant owed the plaintiff a duty of care.
  2. The defendant breached that duty.
  3. The plaintiff suffered harm as a result of the defendant’s breach.
  4. The harm was caused by the defendant’s breach.

In product liability cases based on duty to warn, a “breach” often involves failing to provide adequate warnings or instructions about risks that could have been reasonably identified through testing, research or industry standards.

How Can Companies Fulfill Their Duty to Warn?

There are two primary ways a business can satisfy its duty to warn:

1. Warnings on the Product Itself

Labels affixed directly to the product — especially when the user may not see packaging or manuals — need to be clear, conspicuous and understandable.

2. Warnings Through Supporting Materials

Instructions, manuals, safety guides and other product documentation can provide detailed guidance about how to safely use the product and avoid known risks. 

Effective warnings should:

  • Describe the risk clearly,
  • Be visible and easy to understand and
  • Cover both intended use and reasonably foreseeable misuse.

What Are the Standards for Warning Content?

ANSI Z535.4-2023 is a  on the design and content of safety warnings. The standard is not legally binding, but it is widely used by businesses to comply with their duty to warn. The standard is a valuable resource for businesses that want to ensure their warnings comply with their duty to warn. It covers a wide range of topics for warning labels, including purpose, type, content, format, placement and testing.

How Do Warning Standards Apply to Products Liability Lawsuits?

While ANSI Z535.4-2022 is not a legal document, it is often used as evidence in product liability lawsuits. If a plaintiff is injured by a product, it may be argued that the manufacturer failed to provide adequate warnings about the dangers of the product. If the manufacturer followed ANSI Z535.4-2022 in designing and developing the warnings, this may help defend the manufacturer against the lawsuit.

Overall, ANSI Z535.4-2022 is a valuable resource for businesses wishing to comply with the duty to warn. However, it is important to note that the standard is not a guarantee of safety or immunity from liability. The standard is only a guideline and there may be cases where a manufacturer can comply with the standard and still be found liable for a product liability lawsuit.

When Should Businesses Start Thinking About Duty to Warn?

Duty to warn should be considered early and throughout the product lifecycle — not just at launch. 

A practical approach includes:

  • During design and development: Identify intended use, target users and hazards.
  • Before market release: Evaluate foreseeable misuse and develop warnings/labels accordingly.
  • After product launch: Adjust warnings based on customer feedback, complaints or evidence of misuse. 

Organizations should document this process and continually reassess warnings as new information emerges.

Why Does Duty to Warn Matter for Your Business?

Failure to warn can expose a company to liability even when the product itself is safe by design. Providing clear, effective warnings helps:

  • Reduce risk of injury and liability claims
  • Demonstrate reasonable care in product development
  • Build customer trust and safety reputation
  • Support defense in litigation by showing adherence to industry best practices

A strong duty-to-warn strategy is an essential component of an overall product liability risk management program.

Want to Improve Your Duty-to-Warn Practices?

If you manufacture or distribute products, taking a strategic approach to warnings and instructions can significantly strengthen your product safety posture.

Working with experienced risk advisors — like those at Amerisure — can help you evaluate warning requirements, apply best practices and align your product liability program with real-world risks.

About the Author

In his current role at Amerisure, Eric assists with the review of manufacturing accounts, the products produced, and coordinates with underwriting teams on potential issues identified, while helping to coach risk management consultants prior to visiting prospective accounts. Eric has been a featured speaker for the National Pool Builder’s Association meeting, providing safety instruction to company ownership personnel. Additionally, he created the widely successful . Eric was named Amerisure’s Loss Control Consultant of the Year in 2012 and 2023, and has been nominated for this honor two other times. He has been published in Safety and Health Magazine, as well SafetyInfo.com’s online magazine. 

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials contained in this article are for general informational purposes only. 

]]>
Navigating Construction Disputes: A Practical Q&A Guide /blog/navigating-construction-disputes/ Wed, 06 May 2026 14:24:14 +0000 /?p=7789 Originally published June 4, 2025

Navigating construction disputes is an unfortunate reality many businesses do not think about until a project is already facing delays, financial strain, or communication breakdowns. Construction projects are complex undertakings involving multiple stakeholders, large budgets and tight deadlines. Given these intricacies, disagreements are almost inevitable. However, when disputes escalate, they can lead to costly delays, strained relationships and significant financial setbacks.

According to , the total value of construction disputes in North America soared to $43 million in 2023, with the average resolution time stretching to 14.4 months. Such prolonged disputes can derail project timelines and budgets, making effective dispute prevention and resolution strategies critical to success.

What Causes Construction Disputes?

Construction projects bring together multiple stakeholders, large budgets, tight deadlines and complex contract terms — a mix that naturally breeds disagreement.

Common triggers include:

  • Contract ambiguities: Poorly defined scopes or unclear responsibilities create room for interpretation — and conflict.
  • Schedule delays: Weather, supply chain issues or planning gaps often lead to disputes over cost and accountability.
  • : Late payments, retention disagreements or withheld funds can quickly escalate tensions.
  • Quality disputes: When completed work doesn’t meet expectations, disagreements arise around fulfillment of contractual obligations.

Disputes rarely stem from a single source. They’re usually a mix of miscommunication, unclear expectations and unmet contractual promises.

How Are Construction Disputes Typically Resolved?

Not all disputes need to end up in court. Understanding resolution options helps you choose the right approach — balancing speed, cost and relationship preservation.

  1. Negotiation: The First and Least Costly Step
    Direct discussions help clarify issues and allow parties to reach a mutually acceptable outcome without external involvement. Negotiation sets the stage for deeper resolution if needed.
  2. Mediation: Facilitated Agreement Building
    A neutral third party helps guide conversations toward resolution. While not legally binding, mediation often resolves disputes faster and more cheaply than litigation.
  3. Arbitration: A Binding Alternative to Court
    An arbitrator delivers a decision that is legally binding. It tends to be faster and more efficient than full litigation, though legal fees and limited appeal options apply.
  4. Litigation: Last Resort
    Court proceedings are the slowest and most expensive option, often taking years to resolve. Due to the time, cost and public nature of litigation, most construction disputes are resolved through earlier steps.

Why Is Contract Management Central to Preventing Disputes?

Contracts provide the legal foundation for project expectations, responsibilities and protections, but only if they are clear and comprehensive., of the 69,296 private construction firms that launched in 2001, only 56% survived beyond three years, 26.6% reached the 10-year mark, and a mere 17.2% remained in operation after two decades — an astonishing 82.8% failure rate.

Key contract elements to address:

  • Scope of Work: Define responsibilities, deliverables, timelines and quality standards so all parties understand expectations.
  • Payment Terms: Clearly outline progress payments, retention amounts, penalties and conditions for disbursement to avoid financial disputes.
  • Termination Clauses: Understand provisions like “termination for convenience,” which allow owners to end contracts with limited notice — potentially leaving subcontractors vulnerable.
  • Dispute Resolution Clauses: Including mediation or arbitration provisions upfront gives all parties a predefined path for resolving conflicts.

Well-drafted contracts reduce ambiguity — one of the most common root causes of disputes — and set clear pathways for resolution when issues arise.

Navigating Construction Dispute Risk

Beyond contract language, consider these strategies to actively minimize disputes:

  • Read and Understand Every Clause: Contract language can have far-reaching implications. Seek legal guidance if any term is unclear.
  • Maintain Open Communication: Regular, documented communication keeps expectations aligned and prevents misunderstandings from becoming disagreements.
  • Identify Negotiation Priorities: Know what terms are essential versus negotiable before signing contracts.
  • Implement Proactive Risk Management Plans: Identify potential project risks early and detail strategies to address them before escalation.
  • Keep Meticulous Records: Emails, daily reports, photos, change orders and written agreements create a factual timeline that can be invaluable in dispute resolution.
  • Seek Expert Guidance: Construction lawyers or industry specialists can spot hidden risks and ensure terms are enforceable and fair.

How Does Clear Communication and Documentation Help?

Documentation is evidence. Projects with robust records often resolve disputes faster and more favorably than those without. When disagreements occur, having a documented history of decisions, changes and approvals helps clarify intent and responsibility.

  • Record Conversations: Summaries of meetings and decisions should be documented in writing.
  • Track Changes: Any deviation from original plans or specifications should be documented and approved in writing.
  • Document Delays & Notices: Recording delay notices and extension requests creates evidence of impact.
  • Use Daily Reports & Photos: These help paint a detailed picture of progress — or lack thereof — bolstering positions during resolution discussions.

Good documentation also serves as a risk-management tool, helping uncover patterns that might indicate process weaknesses before they escalate into full disputes.

How Can Contractors Prepare for Dispute Outcomes?

Preparing for potential conflicts means building systems that reduce the likelihood of conflict in the first place.

Ask yourself:

  • Have all contract terms been reviewed by legal counsel?
  • Are expectations documented and communicated consistently?
  • Do teams understand project milestones and performance metrics?
  • Is your risk management plan updated and communicated across departments?

When the answer is “yes,” you’ve substantially strengthened your position — even before disputes arise.

Want Help Strengthening Your Construction Risk Management?

Disputes are a reality in construction, but you can control how prepared you are to prevent and handle them.

Partnering with experienced risk advisors and legal professionals can give you the tools to:

  • Improve contract language
  • Implement effective dispute resolution clauses
  • Build documentation protocols
  • Enhance project communication practices

to review your current approach and strengthen your construction dispute management strategy.

]]>
Beyond the Fine Print: Your Product Liability Questions, Answered /blog/strengthening-your-stand-on-product-liability/ Thu, 30 Apr 2026 15:13:53 +0000 /?p=6980 Originally published October 23, 2025

Evaluating a product liability program is critical for any business that manufactures products for sale to both businesses and individuals. If the products are consumer goods or play a critical role in another product, the liability program, quality control and product documentation should be considered fundamental to the business. The potential risks associated with defective products can lead to significant financial losses, legal repercussions and damage to a company’s reputation. 

This article answers the essential questions businesses have about strengthening product liability programs to mitigate risks and enhance overall safety.

What Is Product Liability?

Product liability refers to the legal responsibility manufacturers, distributors, suppliers and retailers face when a product causes bodily injury or property damage.

Claims typically arise under three legal theories:

  • Negligence (failure to exercise reasonable care in design, production or warnings)
  • Strict liability (liability regardless of fault if a product is defective)
  • Breach of warranty (failure to meet expressed or implied product guarantees)

Because multiple parties in the supply chain can be named in a lawsuit, even companies far removed from the manufacturing floor may face significant financial exposure.

What Are the Main Types of Product Defects?

Understanding defect categories is foundational to managing product liability risk. Although nearly any aspect of a product can lead to liability claims, there are three main categories:

1. Design Defects

These occur when a product is inherently unsafe due to its design — even if manufactured correctly. Risk mitigation often requires rigorous design review, engineering validation and hazard analysis before market release.

2. Manufacturing Defects

These arise during production, assembly or distribution. Even a well-designed product can become dangerous if quality control processes fail. Preventive controls typically include documented manufacturing procedures, supplier oversight, batch testing and inspection protocols.

3. Failure to Warn (Marketing Defects)

These involve inadequate instructions, labeling or warnings regarding foreseeable risks. Clear communication about proper use, installation, storage and maintenance can significantly reduce liability exposure.

Proactively addressing all three categories helps reduce both claim frequency and claim severity.

Why Should Companies Regularly Evaluate Their Product Liability Programs?

Product liability risk is dynamic. Regulatory standards evolve. Product complexity increases. Global supply chains introduce new vulnerabilities.

A structured evaluation helps organizations:

  • Identify gaps between current practices and industry best standards
  • Align product safety protocols with evolving legal requirements
  • Improve internal documentation and traceability
  • Strengthen recall readiness
  • Reduce the likelihood of catastrophic loss events

Regular review ensures that your product liability program evolves alongside your operations rather than reacting after a loss occurs.

Eric Austin, Risk Management Expertise Specialist at Amerisure

“It’s not just about the product itself — it’s about the processes, documentation and communication behind it,” says Eric Austin, Risk Management Expertise Specialist at Amerisure. “A solid liability program is like a safety net. Without it, a slight oversight can have significant financial and reputational consequences.”

 

How Can You Measure the Effectiveness of Your Product Liability Risk Management Program?

To evaluate the effectiveness of a product liability program, organizations should focus on several key metrics that provide insight into the program’s performance. These metrics can be broadly categorized into preventive, reactive and various post-incident qualitative metrics.

Preventive Metrics: Focus on measures to prevent defects and ensure product safety before products reach the market. These include:

  • Complaints and Warranty Issues:Prior to a product failure, a company may receive complaints about the performance of a product or part, or there may be warranty issues. Although a company may not like paying out warranty claims or listening to complaints, addressing issues during this phase reduces the likelihood of future liability claims.
  • Compliance Rate with Safety Standards:Regular legal review of product instructions and warning statements is crucial. What was considered “best in class” 10 years ago may not be today. Researching recalls, lawsuits, or other issues with similar products can help identify necessary changes.
  • Quality Control Audit Scores:Regular audits of quality control processes reveal how effectively a company is identifying and addressing potential product defects before they lead to liability issues. Many industries have specific standards such as ISO, IATF, HACCP, and others. Understanding applicable standards enables a better evaluation of a program and the audit methods in place.

Reactive Metrics: Assess how well the products liability program responds when an issue arises, including how efficiently it manages claims and resolves incidents.

Post-Incident Review: After resolving a product liability issue, conducting a thorough review to identify lessons learned, improve processes and enhance the overall effectiveness of the program. If complaints or warranty issues were noted prior to the failure, it’s essential to determine why changes were not made and whether complaint or warranty personnel communicated the issues to design or manufacturing.

Product Recall Procedures: Well-defined protocols for recalling defective products quickly and efficiently are crucial, including communication strategies with consumers, retailers and regulatory bodies. Questions about product traceability and purchaser identification are pertinent.

Crisis Communication: Plans for communicating with stakeholders, the public and media during a product liability crisis aim to maintain transparency, trust and minimize reputational damage.

Corrective Action: Processes for implementing corrective measures to address the root cause of the defect or incident, preventing future occurrences, and updating safety standards and procedures accordingly.

“The most successful organizations treat metrics as an early-warning system,” Austin contends. “Warranty data, customer complaints, even removed safety labels—all of these are signals. If you capture and act on them quickly, you can help prevent much bigger problems down the road.”

What Tools Strengthen a Product Liability Strategy?

Evaluating a product liability program involves checking the level of detail of the program itself and verifying that internal controls cover a wide range of topics, well beyond the categories of design and manufacturing defect, plus duty to warn. High-performing organizations typically incorporate structured evaluation tools such as:

Gap Analysis: Comparison of the current liability program to industry best practices, legal standards, and new precedents in liability cases with similar products.

  • For instance, the standard for warning labels and statements was updated in 2022 and 2023. While not legally binding, this updated standard could be a factor in a liability case focusing on ‘duty to warn.’

Legal Reviews and Case Studies: Assessing changes in the legal environment, which vary by state and country. Adopting the most stringent standards, such as California’s, could cover most other jurisdictions.

Customer Feedback and Warranty Data: Early indicators of potential issues that could turn into claims. Involvement of the Service Department is crucial as they can report not just product failures but also removed guards, labels, or other safety devices.

Simulations:Testing the traceability of products in the event of a recall and identifying key contacts and relevant government agencies. Simulations are vital tools in evaluating the effectiveness of a program.

Employee Products Liability Training:Ensuring that warranty and service departments communicate issues to design and manufacturing is crucial. Employee training and basic knowledge on product liability are valuable tools to prevent major failures.

Why Is Continuous Improvement Critical in Product Liability Management?

Emerging technologies, new materials, expanded distribution channels and evolving consumer expectations all introduce new liability exposures.

Organizations that implement ongoing review cycles — rather than one-time audits — are better positioned to:

  • Anticipate regulatory shifts
  • Identify new product hazards
  • Strengthen supplier risk management
  • Improve documentation defensibility
  • Enhance insurance alignment with operational risk

Continuous improvement reduces uncertainty and strengthens long-term resilience.

How Does a Strong Product Liability Program Protect Your Business?

A comprehensive product liability strategy supports:

  • Reduced claim frequency and severity
  • Improved regulatory compliance
  • Faster, more coordinated recall response
  • Stronger insurer relationships
  • Protection of brand reputation and customer trust

Ultimately, it safeguards both your balance sheet and your market position.

Ready to Strengthen Your Stand on Product Liability?

Evaluating your product liability exposure requires more than reviewing coverage limits. It demands an integrated strategy that connects product design, manufacturing controls, supplier oversight, documentation, training and insurance protection.

Working with an experienced carrier like Amerisure can help you assess vulnerabilities, refine risk controls and align your insurance program with operational realities.

About the Author

In his current role at Amerisure, Eric assists with the review of manufacturing accounts, the products produced and coordinates with underwriting teams on potential issues identified, while helping to coach risk management consultants prior to visiting prospective accounts. Eric has been a featured speaker for the National Pool Builder’s Association meeting, providing safety instruction to company ownership personnel. Additionally, he created the widely successful. Eric was named Amerisure’s Loss Control Consultant of the Year in 2012 and 2023 and has been nominated for this honor two other times. He has been published inSafety and HealthMagazine, as well as SafetyInfo.com’s online magazine.

The materials and information found here are informational resources and do not and should not be construed as direct processional, legal or other advice as to specific facts and circumstances.  It is recommended you always seek appropriate professional advice as to your particular circumstances.  Amerisure disclaims any and all liability for actions taken by you based on the content of these resources.

]]>
Workplace Safety: How Data and Insights Improve Risk Management /blog/workplace-safety-risk-management/ Wed, 22 Apr 2026 11:42:37 +0000 /?p=8781 Read more]]>

What does it take to make a workplace consistently safer?

In our latest issue of Safety Connect, we share how one company turned fleet data and insights into real improvements on the road —an important shift as roadway incidents one of the most persistent on-the-job risks.

That same approach carries across industries. In construction and healthcare alike, where highlights ongoing hazards, safer outcomes are so often the result of everyday decisions, how risks are recognized, how teams respond together, and how safety stays part of the conversation.

Explore the full issue below for practical expertise and real-world examples of how small, consistent actions can lead to truly meaningful results.

Building a Safer Workplace

]]>
Families First: Strong Support with Amerisure and Shepherd Center /blog/families-first-amerisure-shepherd-center/ Tue, 31 Mar 2026 10:00:00 +0000 /?p=8679 Read more]]> Last month, the fourth-floor therapy gym at in Atlanta, GA looked a little different than it normally does during the day. Wheelchairs lined the walls. Therapy equipment stood quietly in the background.

After a long day of rehabilitation sessions, patients, families and loved ones gathered around buffet tables while volunteers from Amerisure and served more than 100 meals and welcomed each guest as they arrived.

Families First: Strong Support with Amerisure and Shepherd Center
Amerisure, Yates Insurance Agency and Shepherd Center teams host and serve at a Shepherd Center family dinner in Atlanta, GA.

They that they didn’t have to plan, prepare, or clean up after. Conversations began to unfold across the tables and laughter surfaced easily during dinner, growing louder through a few spirited rounds of bingo. By the end of the evening, strangers and new friends alike were trading stories, jokes, and the kind of easy conversation that makes a room feel just a little bit more like home.

It may have been one dinner, but when life is often defined by endurance and incremental progress, even one impactful evening can make all the difference.

When Recovery Reshapes Everything for Families

Each year in the United States, people sustain a spinal cord injury, often from events that arrive without warning. Behind every fall, car accident or medical emergency statistic is a family that is navigating a new and unexpected reality. In a single moment, routines must shift; family and friends reorganize around hospital schedules, and those long-term adjustments that will begin to reshape daily life.

At Shepherd Center, recovery is never treated as an individual journey. Nationally recognized for rehabilitation outcomes, focuses not only on helping patients regain independence, but also on equipping families with the confidence and support they need for life beyond discharge. It’s a powerful reminder that recovery does not belong to one person alone, it also belongs to those who stand beside them.

“We’re so honored to partner with Shepherd Center and Amerisure to support families navigating difficult journeys,” said Maggie Fischer, Managing Partner, Personal Lines Marketing Manager at Yates Insurance Agency.

“Opportunities like this are a wonderful way to bring people together, and a reminder that sometimes the most meaningful support comes from simply being present for those when they need it most.”

At Amerisure, that idea resonates deeply with the core values that make up who we are. Much like the work taking place every day at Shepherd Center, we meet people in those moments that arrive just as unexpectedly—after an accident, a catastrophic injury, or an unforeseen disruption that suddenly changes the course of a life or a livelihood.

Powerful Partnerships

Amerisure’s relationship with Shepherd Center extends well beyond a single evening of service. Recognizing the strain placed on families traveling long distances for rehabilitation care, Amerisure helped support the development of the 12th floor of the , a 16-story housing tower that opened in 2024 and more than doubles Shepherd Center’s capacity to house patients and families who live more than 60 miles away.

Amerisure’s Chief Financial Officer, Chris Spaude and Chief Service Officer, Steve Donnelly
at the dedication of the Arthur M. Blank Family Residences.

The impact is both practical and deeply personal. Proximity allows spouses to attend early-morning therapy sessions, parents can remain present for milestone moments, and it reduces the emotional and financial strain of long commutes for countless, committed loved ones.

This partnership reflects Amerisure’s broader approach to community engagement. Through the Amerisure Charitable Foundation (ACF), we continue to support nonprofit organizations that strengthen the communities where our employees, agency partners, and 鶹ԭ live and work. Since 2020, the ACF has contributed more than $732,000 directly to charitable causes, focused on everything from health and education to community resilience.

“Amerisure’s greatest strength is our people,” said Erin Buddie, Amerisure’s Chief Human Resources Officer. “Each teammate brings our service culture to life through the way we support our communities and one another.”

“Partnerships like ours with Yates Insurance and Shepherd Center show what that commitment looks like in action—helping ensure families facing life-changing moments know that they’re not navigating them alone.”

A Shared Commitment to What Comes Next

As the recent Shepherd Center Family Dinner wound down, volunteers stacked chairs and gathered leftovers for the night shift to enjoy. Families lingered in conversation before returning to patient floors. Tomorrow’s therapy sessions will begin again in the morning.

At their best, both healthcare and insurance are built on a certain responsibility and trust—bringing dedicated professionals together to help people recover, rebuild, and find stability when uncertainty appears. Whether it’s helping to expand housing so families can remain close during rehabilitation, sitting beside them at a shared dinner table after a long day of therapy, or guiding a policyholder through the aftermath of an unexpected loss, our goal remains the same: supporting our communities through moments that call for the best of care and the compassion of those you can count on.

]]>