Chapter 22: The Liability of Producers for Defective Products Flashcards
Joint liability of producer and supplier
Person suffering a prejudice (as well as bystanders) may seek compensation to producer or intermediaries (jointly liable). If the supplies is outside the EU, then the producer is entirely liable.
Extent of liability of faulty products
The producer is not liable if the product was not on the market, if the defect did not exist at the time of sale, if the product was used against the rules, if the state of scientific knowledge at the time was insufficient to determine the defect.
There is NO liability for direct losses from missing availability of the product.
Compensation can only be sought if the product was used for private purposes.
Burden of proof of the plaintiff for faulty products
The plaintiff bears the burden of proof and must thus prove the damage and causation from defect.
On what grounds can a person seek compensation for a faulty product?
The person seeking compensation may do so according to Civil Code for tortious liability or also the Consumer Code for unfair terms.
