Defective and dangerous consumer products

The Consumer Affairs Act stipulates that products purchased must not have any hidden defects, should be fit for the purpose for which they were bought, and must also be in conformity with the description and specifications in the contract of sale.

If this is not the case, consumers may legally request a free remedy which can either be repair or replacement. Part or full refund may also be claimed when repair or replacement is either not possible or may cause the consumer significant inconvenience.

Sometimes, products may not only be defective and stop working properly, they may even become dangerous and harmful. Compensation can be claimed when defective products physically harm consumers or cause material damages. However, claims for damaged property can only be made if the loss exceeds €465.87 and the injured consumers used the damaged item for their private use or consumption.

It is primarily the product manufacturer who is responsible for the dangerous product. If the manufacturer cannot be identified and the retailer fails to meet the consumer's request to provide the identity of the manufacturer or importer, then the retailer should carry responsibility for the product. If the retailer receives a written request for information on the manufacturer this should be supplied within 30 days. The consumer should send the request by registered mail or official letter and must also clearly indicate the product that caused the damage as well as the date and place of purchase.

Compensation for damages may be claimed within three years from the date the consumer became aware of the defect, the damage and the identity of the manufacturer.

Legal action cannot be taken later than 10 years from the date the product is first put in circulation. Furthermore, consumers wishing to make such claims need to engage a lawyer and take the case to the Civil Courts.

Should the manufacturer be found guilty of placing a dangerous product on the market, the manufacturer will not only have to compensate affected consumers but is also obliged to recall the defective product from the market. This liability cannot be limited or excluded by any contract, notice or any other manner.

Ms Vella is senior information officer, Consumer and Competition Division.