Draft Common Frame of Reference:VI. — 3:204 Accountability for damage caused by defective products

Draft Common Frame of Reference

VI. — 3:204 Accountability for damage caused by defective products

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

(1)

The producer of a product is accountable for the causation of personal injury and consequential loss, loss within VI. — 2:202 (Loss suffered by third persons as a result of another's personal injury or death), and, in relation to consumers, loss resulting from property damage (other than to the product itself) by a defect in the product.

(2)

A person who imported the product into the European Economic Area for sale, hire, leasing or distribution in the course of that person's business is accountable correspondingly.

(3)

A supplier of the product is accountable correspondingly if:

(a)

the producer cannot be identified; or

(b)

in the case of an imported product, the product does not indicate the identity of the importer (whether or not the producer's name is indicated), unless the supplier informs the person suffering the damage, within a reasonable time, of the identity of the producer or the person who supplied that supplier with the product.

(4)

A person is not accountable under this Article for the causation of damage if that person shows that:

(a)

that person did not put the product into circulation;

(b)

it is probable that the defect which caused the damage did not exist at the time when that person put the product into circulation;

(c)

that person neither manufactured the product for sale or distribution for economic purpose nor manufactured or distributed it in the course of business;

(d)

the defect is due to the product's compliance with mandatory regulations issued by public authorities;

(e)

the state of scientific and technical knowledge at the time that person put the product into circulation did not enable the existence of the defect to be discovered; or

(f)

in the case of a manufacturer of a component, the defect is attributable to:

(i)

the design of the product into which the component has been fitted; or

(ii)

instructions given by the manufacturer of the product.

(5)

‘Producer’ means:

(a)

in the case of a finished product or a component, the manufacturer;

(b)

in the case of raw material, the person who abstracts or wins it; and

(c)

any person who, by putting a name, trade mark or other distinguishing feature on the product, gives the impression of being its producer.

(6)

‘Product’ means a movable, even if incorporated into another movable or an immovable, or electricity.

(7)

A product is defective if it does not provide the safety which a person is entitled to expect, having regard to the circumstances including:

(a)

the presentation of the product;

(b)

the use to which it could reasonably be expected that the product would be put; and

(c)

the time when the product was put into circulation, but a product is not defective merely because a better product is subsequently put into circulation.

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