Your consumer rights - when a defective product causes damages
Consumers can claim compensation when defective products cause them physical harm or result in material damages of over €500
Consumers have the right to expect that the products they buy are both functional and safe. However, there may be instances when consumers buy goods that are not only defective but also dangerous.
Malfunctioning goods can harm consumers’ health and damage their property. For instance, if a defective toaster catches fire, it might not only hurt the person using it, but it might also cause substantial damage to the kitchen furniture. If this happens, it is essential for consumers to understand their rights and the steps they can take to seek redress.
Consumer legislation mandates that goods sold to consumers must meet the conditions promised at the time of sale, be fit for their intended purpose, and for which goods of the same type are normally used. Additionally, purchased goods must be of the quality and deliver the performance consumers can reasonably expect given the nature of the goods.
If these requirements are not met, the goods are considered as not conforming with the contract of sale, and consumers are entitled a free remedy from the seller.
The Consumer Affairs Act also provides consumers with the right to claim compensation when they buy a product that fails to provide the safety consumers are entitled to expect, or if it does not provide the safety usually provided by models of the same type.
Legal action is limited to 10 years from when the product was first put on the market
When assessing a product’s safety, the following factors are considered: the product’s presentation and marketing; any provided instructions for use and warnings; the reasonably expected use of the product; and the time when the product was released into circulation.
Consumers can claim compensation when defective products cause them physical harm or result in material damages. However, under this legislation, claims for property damage can only be made if the loss exceeds €500 and the damaged item was used by the consumer for personal use.
Furthermore, the Consumer Affairs Act stipulates that when damage from defective products occur, the injured party must only prove the damage caused, the defect in the product, and the causal link between the defect and the damage. Hence, the consumer does not need to prove the producer’s fault.
Concerning product liability, the Consumer Affairs Act stipulates that the producer is primarily liable for defective goods that cause damages to consumers. The law defines the producer as the manufacturer of the finished product or any of its component parts. This definition also includes anyone who places their name, trademark or distinguishing feature on the product, thereby presenting themselves as the producer. For products manufactured outside an EU member state, liability can also extend to anyone who imports the product into the EU.
The producer cannot, however, be held responsible for damages caused by a product in certain situations. These include cases where the producer did not put the product into circulation. It also includes cases where the defect causing the damage did not exist when the product was first circulated or where the defect could not have been discovered due to the scientific and technical knowledge available at the time of manufacture. Additionally, producers are not liable if the product that caused the damage was not intended for sale to consumers.
Consumers may encounter situations where they do not have information on the producer. In such cases, consumers may contact the seller to request the producer’s contact details. This request needs to be made in writing and the seller must provide the information within 30 days.
In the request, consumers should include details about the product that caused the damage, as well as the date and place of purchase. If the seller cannot provide the producer’s contact information, the final seller may be held liable for compensation.
It is worth noting that the Liability for Defective Products Regulations prohibit contract terms and conditions that limit or exclude the liability of the producer or, if the producer is unknown, the supplier. Any contract terms or notices that deny liability are not legally binding, even if signed and agreed upon by consumers.
The law stipulates that consumers may seek compensation for damages within three years of becoming aware, or reasonably should have become aware, of the defect, the damage, and the identity of the producer. Since a product may remain in circulation for many years, legal action is limited to 10 years from when the product was first put on the market. It is the producer’s responsibility to provide proof of when the product was first circulated.
If the consumers’ claim for compensation is rejected, they have the option to pursue legal action against the producer. Should the producer be found guilty of distributing dangerous products, the company must provide both financial compensation for the damages suffered by consumers and recall the defective goods from the market.
Odette Vella is director, Information and Research Directorate, MCCAA.