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TO OBTAIN THE RIGHT COMPENSATION IN CASE OF DAMAGE DUE TO DEFECTIVE PRODUCTS (PRODUCT LIABILITY)

The third-party liability of a manufacturing company is the liability for damages to property or persons deriving from a defective product placed on the market. This type of protection for the consumer or for the company purchasing a product is based on the principle that any industrial product must be free of defects and can be used safely.

The discipline of liability for defective products is governed by the Council Directive 85/374/EEC, in which Article 1 states that: “The producer shall be liable for damage caused by a defect in his product”.

‘Producer’ means the manufacturer of a finished product, and any person who, by putting his name, trade mark or other distinguishing feature on the product or on its package presents himself as its producer. ‘Product’ means all movables, even though incorporated into another movable or into an immovable.

The liability of the producer for damage caused by the defectiveness of his products is judicially different in the event of damage to property or of damage to persons.

There are three important distinctions:

  1. If the item of property damaged by the defective product belongs to another enterprise or reseller, the producer shall be liable for contractual liability for defects of the item sold (Art. 1494, par. 2, Italian civil code);
  2. If the item damaged by the defective product belongs to the end user, it is an issue of liability for unlawful act (Art. 2043 Italian civil code), and the producer is liable for strict liability;
  3. If the defective product directly damages a person, regardless of the fact that the latter is a reseller or end user, the producer is equally liable for strict liability.

GARAperizie is specialized in providing party-appointed technical expert consulting  for damages caused by defective products regulated by product liability, starting from the submission of the initial complaint to the final demonstration of suffered damage.

The consulting services comprise special procedures aimed at the collection of useful evidence to substantially demonstrate its Client’s rights, both under a technical and legal point of view.  The final objective is the attainment of optimal damage compensation.

If necessary, GARAperizie will assist its Clients also in court with a team of highly specialized lawyers in civil law and insurance matters.

 

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