When consumers are sold goods that eventually turn out to be dangerous and cause them damages, the Consumer Affairs Act protects them by giving them specific rights.
This legislation enables consumers who suffer damages to seek compensation through the civil courts, with the producer being liable for both personal injury as well as damage to property.
What makes a product defective?
A product is defective if it fails to provide the safety a person is entitled to expect, taking into account: how the product was marketed and any directions and warnings; its reasonable use; and the time it was put in circulation. A product is also deemed defective if it does not provide for the safety usually provided for by models of the same type.
Who can the consumer sue for dangerous goods?
The first person responsible for damages caused by a defective product is the producer or manufacturer. If consumers do not know who the producer is, they must contact the seller and ask for the necessary information to communicate with the producer.
If sellers fail to provide such information on the producer or the person who supplied them with the product, then they become responsible for damages caused by the defective product.
Consumers may request compensation when they suffer personal injuries and damages to property
Manufacturers are not responsible for damages when:
• they did not put the product in circulation;
• the defect causing the damage did not exist when the product was put in circulation;
• the product was not manufactured to be sold to consumers;
• the defect is due to compliance with a mandatory requirement imposed by law or a public authority;
• the defect could not be discovered due to the scientific and technical knowledge at the time the product was produced.
What compensation can the consumer claim?
Consumers can seek compensation when a defective product causes: death; personal injury, including any disease and mental or physical impairment to a person; loss, damage or destruction of any item of property other than the defective product itself, having a value of at least €500.
Consumers may claim damages suffered on property, provided this was used by the injured party mainly for their own private use or consumption. For example, if a dishwasher catches fire and causes significant damage to the consumer’s kitchen, the latter has the right to claim compensation for the burnt cupboards if they cost more than €500. If the consumer has suffered burns during the same incident, they would also have the right to seek damages for the injuries suffered.
Is there a time limit to make a claim?
Consumers have three years from the time the injuries were sustained or from when they could reasonably have known of the damage, the defect and the identity of the producer. No claim can be brought against the manufacturer or supplier more than 10 years after the product was put into circulation. This liability to provide compensation cannot be limited or excluded by a contract term or notice.
Consumers who have suffered damages and want to make a claim for compensation under these regulations need to engage a lawyer and take the case to the civil courts.
If, however, the amount claimed does not exceed €3,500, consumers can submit their claim to the Consumer Claims Tribunal.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.