Overview
A company's liability for a product defect differs based on the nature of the defect and when it appeared, since a defect present at time of sale but not apparent carries different liability than damage resulting from consumer misuse itself.
We carefully review warranty terms attached to the product, since these terms determine the scope of the company's obligation toward the consumer and the extent certain types of damage can be excluded from that obligation.
Regulatory Basis
Product liability falls under consumer protection provisions and general civil liability, which determine the company's obligation toward damages resulting from defects in its products.
How We Assess These Claims
We review the nature of the defect and when it appeared, along with warranty terms attached to the product, to determine the extent of the company's liability toward the submitted claim.
Who Needs This Service
A company receiving a claim from a consumer about a defect that appeared in a product after purchase that needs its legal position assessed.
A company reviewing warranty terms attached to its products to confirm they're clear and balanced.
We notice that some companies automatically deny a consumer claim without a genuine assessment of when the defect actually appeared, when the defect may well have been present at the time of sale but not apparent to the consumer at that point, a situation that does hold the company genuinely liable regardless of any inclination toward an initial denial, and we recommend assessing each case on its actual technical basis rather than a blanket denial policy that could weaken the company's position later if the matter escalates.
Additional Considerations
Drafting warranty terms attached to products connects with our commercial contracts and agreements service.
When products are sold through a digital platform, this connects with our e-commerce disputes service.
Common Questions
When is a company liable for a product defect?
This depends on whether the defect was present at time of sale and not apparent to the consumer, and we review each case specifically to assess this liability.
Can certain damages be excluded from the warranty?
Yes within certain limits, and we review the drafting of warranty terms to ensure their clarity and compliance with consumer protection regulations.