"China Problem" and Strict Product Liability

The "China Problem" might be summed up as the gap between how Chinese manufacturers and the U.S. tort system define and deal with product liability.  The part of this which concerns plaintiff attorney Bill Marler is food.  That's why he is the chief sponsor of a food safety conference in Beijing, September 12-13.  The focus will be the legal costs of foodborne illness, with the lion's share an explanation on the U.S. concept of strict product liability.

"I think it is important that one of our largest trading partners has a better understanding of how our tort system operates," Marler told this blog in an exclusive interview. "If China wants to sell food products in the United States, it will necessarily need to take into account that it may be sued for sickening consumers." Marler's Seattle-based law firm Marler Clark specializes in food-borne diseases.  His blog on food legal issues is here.

Right now the media spotlight is off Chinese food imports and back on those Barbie condos and toy trains with hazardous levels of lead.  But, food remains a monster safety issue.  In 2006, $64 billion of food products were imported from China into the U.S. - up 33% from 2003. Too many of these, ranging from frozen Pacific cod to the seasoning in Veggie Booty, wound up recalled by the U.S. Consumer Product Safety Commission. because of safety concerns.  But before they were recalled, some Americans got sick and they contacted Marler Clark.

Will Marler Clark et al. be directly suing Chinese food processors?  Not yet.  But, where this is heading, Marler will tell the audience in Beijing, is definitely in two directions.

• First, contracts with Chinese exporters will be amended to include specific indemnities in favor of the importer on product safety and quality issues.

• Secondly, contracts with Chinese exporters will be amended to include a specific provision requiring the Chinese seller to obtain and maintain sufficient product and general liability insurance, with a reputable U.S. or international insurance carrier, or to have sufficient, attachable assets in the U.S.

Marler has made a copy of his Beijing PowerPoint Presentation available free through this blog.  Please contact Mgenova981@aol.com and I will email it to you, pronto.  I sometimes assist Marler Clark with editing.

This blog thanks Bill Marler and his team at Marler Clark for this background material and exclusive interview. 

Comments

[accidental death insurance]

what you said is something worth to consider but i hope the time will overcome the gap between us...

[business liability insurance]

There is a significant difference between perceptions of consumerism production between the United States and China, which is what leads to major differences which are described on the blog. The question is whether over time this gap will be reduced or not