RMACHADO GROUPINSURANCE INTERMEDIARY

Practical guide · Products and third-party harm

A defective product caused damage after sale: which liability cover should you check?

A business sells a product and later receives a claim for damage it allegedly caused. Asking whether the business has liability insurance is only the start. Identify the activity, product, timing and cover actually contracted.

By RMACHADO GROUP · · 2 min read

THE ESSENTIALS

Before you start

  • Find the cover addressing damage after commercialisation.
  • Identify the business's role and product markets.
  • Third-party damage, the product itself and recall are different items.

Look for product liability

Ageas's General Liability page distinguishes operating liability from liability for products with manufacturing defects detected after commercialisation. That offering requires Product Liability alongside Operating Liability. This is an identified example, not a contracting rule for every insurer.

Sources: Ageas Seguros — Responsabilidade Civil Geral, distinção entre exploração e produtos, consultado em 28/10/2026 ↗

Confirm the selected option in the documents

Ageas's March 2022 A12 pre-contractual information lists Product Liability among special conditions and includes relative exclusions for defective products unless expressly agreed otherwise. Finding the name in a brochure does not establish that a particular policy contains it.

Check your contract's version and policy schedule, including the activity and applicable special condition. A proposal headed simply 'liability' leaves this question open.

Sources: Ageas Seguros — Informação pré-contratual RC Geral, A12, março de 2022, condições especiais e limitações ↗

Separate three consequences

Fictional example: a lamp sold by a business allegedly damages the buyer's table. The business receives requests concerning the table, replacement of the lamp and checks on other units from the batch.

Our exercise creates three file entries: alleged damage to another person's property, the product's own cost and operations concerning remaining units. Ask for each entry to be matched to the relevant clause. Assessment of one item does not confirm the others.

Describe the product chain

Prepare a short record of product type, batch references, the business's role — such as manufacturer, importer or distributor — and destination countries. Add the known sequence of supply, delivery, reported use and claim.

These suggestions organise the enquiry; they do not determine legal responsibility. For an actual event, preserve records and follow applicable safety and claims procedures without changing the account to fit a cover.

Prepare a focused quote enquiry

Describe the product and how it reaches customers when requesting an RMACHADO business liability quote. Ask about post-sale damage and each cost of concern. If a claim has already arrived, disclose that fact: a new quote does not decide a previous event.

KEEP THESE QUESTIONS

Your checklist for the next conversation

  • Check activity, product and the business's role.
  • Find the Product Liability condition.
  • Separate third-party harm, replacement and recall.
  • Keep timing, batch references and the claim.

FROM THE ARTICLE TO YOUR SITUATION

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Tell us what you want to protect. We review your request and help compare relevant terms. Requesting a quotation does not activate insurance.

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Sources and transparency

Content updated on .

Consultation dates are stated in individual references when available.

Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.

Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.