We are expert lawyers in Liability for defective products and services
This liability regime affects all finished products, even when they are joined or incorporated into another movable or immovable property. For example, medicines, medical and orthopedic products, food, hygienic, cleaning, cosmetics, pharmaceutical products, games for children ...
Service providers will be responsible for damages caused to consumers and users, unless they prove that they have complied with the requirements established by law and other care and diligence required by the nature of the service. Health services, those for electrical appliances repair and maintenance, elevators and motor vehicles, home renovation and repair services, inspection, gas and electricity installation services and those related to transport are considered to be subject to this responsibility regime.
A product is defective when it doesn't offer the security that should legitimately be expected from it, considering all the circumstances and especially, its presentation, the foreseeable reasonable use of it and the moment it is put into circulation.
Who has suffered damage caused by a defective product, may claim against the producer, understanding as such the manufacturer or importer within the European Union, or if it cannot be identified or if the product doesn't indicate the name of the importer, against the supplier of the product.
What does this type of liability cover? It includes damages for death and personal injuries suffered by the victim as well as material damages, within the limits established by law, except for those of the defective product itself, which will have to be claimed according to civil and commercial legislation on contractual and non-contractual liability.
The compensation that is claimed is compatible with that which may arise from contractual or non-contractual liability, but incompatible with the exercise of actions derived from the hidden defects repair.
Who has suffered damage caused by a defective product, may make the pertinent claim within a period of three years, counted from the moment the victim suffered the damage, provided that the identity of the producer is known.
The responsibility will expire after ten years from the date the product was put into circulation, unless, during that period, the corresponding legal claim had been initiated.