There are relatively many cases of accidents and injuries caused by dangerous products.
Under the Polish Civil Code, a dangerous product is understood “as the product which fails to ensure safety that can be expected, given normal use of the product”. The issue whether the product is safe or not depends on the circumstances determined at the time of placing it on the market, especially on the way it is presented on the market and on the information of the product qualities provided to consumers.
A dangerous product is mostly an improperly labelled product. The manufacturer is required to provide complete and accurate information on the product label or the user manual, in Polish, if the product is marketed on Polish territory. When the information is unclear or misleading, the product can be later installed incorrectly or used improperly. If the use of the product involves some risk, the consumer must be informed of the danger.
If, due to incomplete or erroneous information there takes place an accident, it is not the consumer but the producer who will bear the liability for the latter. In such a situation it is possible to seek appropriate compensation from the manufacturer.
Product liability is the responsibility of the manufacturer on the basis of risk, and therefore it does not require from the victim to prove the fault of the entity that bears liability for the accident. In accordance with article 4491 § 1 of the Polish Civil Code, whoever produces a dangerous product within the scope of his business (the producer), is liable for the damage caused to anyone by this product.
If you are interested in obtaining compensation for an accident caused by a dangerous product, please contact BFP law firm on the telephone number: +48 12 428 00 70 or by email@example.com.