In her latest column in HFN Magazine, shareholder Kristi A. Davidson considers one of the ways to shift the risk of product liability through contractual indemnity provisions. Davidson defines indemnity in that article as “a contract by which one engages to save another from the legal consequences of the conduct of one of the parties, or of some other person.”

Recently, states have been more willing to enforce indemnification provisions than they have in the past, opening the door to less traditional contractual indemnities, the article explains. Because there is no “standard” indemnification language, Davidson states that negotiation and precision in contractual terms are key.

“Parties should carefully consider the intent, purpose and consequence of each word,” Davidson writes. 

Read the full article – “Risk Management 101: The Power of Indemnification (Part 1)” (HFN Magazine, November 27, 2013)