Defective products

LAW AREA

Civil Law / Commercial Law

SUBJECT
Compensation for defective products

TERM
3 years since the damage occurred (Spanish Law)

 

COMPENSATION FOR DEFECTIVE PRODUCTS

In our society, we make numerous purchases, either in person or through the internet. In any of the cases, it can always happen that the purchased product is defective, that is to say, that in its production there has been a manufacturing, design or lack of information or warning defect. 

The problem is that when a defective product is purchased by a consumer, it may happen that, due to the defect that it presents, it causes a danger and suffer personal and/or material damage (eg: exploding mobile battery, allergy-causing cream on the skin, medication adverse effects, prostheses and defective breast implants, etc…), if such an unfortunate event occurs, you can proceed to request a compensation for the damages suffered as a consumer. 

The damage caused to a consumer may be compensated through a specific procedure where the responsibility of the manufacturer or suppliers/seller of the product will be required. 

In any case, through our team of lawyers at The Firm, after contacting us, we will get down to work to start with the legal procedure in order that you can be compensated for the damage suffered . 

type of defects and LIABIlity

MANUFACTURING DEFECTS

Product failures originating in the production or processing phase. 

DESIGN DEFECTS

Errors in the the product during its conception, that is, despite the fact it has been correctly manufactured, its design presents failures in safety, cost or technological development. 

INFORMATION DEFECTS

Failures present by he product due to the manufacturer omitting necessary instructions or providing false or erroneous information for the use of the product. 

OBJECTIVE LIABILITY

In objective liability, the person who put the defective product into circulation is liable for the damage caused, that is to say, the responsibility arises from putting the product into circulation and the risk that such an act entails. 

JOINT AND SEVERAL LIABILITY

For joint and several liability all those who intervened in the putting into circulation of the defective product respond (manufacturer, supplier, importer, seller…).

CLAIM

In the claim, a refund of the amount paid for the defective product and compensation for personal and/or material damage caused by the product will be requested.